The Organisation of Working Time Act 1997 states that the maximum average working week for many employees cannot exceed 48 hours. This does not mean that a working week can never exceed 48 hours, it is the average that is important. The average may be calculated in one of the following ways:
The calculation of 48 hours does not include annual leave, sick leave or
The legislation also lays down rules for night workers, minimum breaks and rest periods. There are also special provisions in relation to Sunday working – see below.
The provisions of the Organisation of Working Time Act 1997 on working time and rest periods do not apply to all employees. They do not apply to the Gardaí, Defence Forces, employees who control their own working hours or family employees on farms or in private homes. The working hours of young people under the age of 18 are regulated by the Protection of Young Persons (Employment) Act 1996.
Employees in certain categories of civil protection services (SI 52/1998) are currently exempt from provisions on maximum average working week and statutory rest breaks/periods.
For many employees the hours of work are specified, for example, in their contract of employment or in an Employment Regulation Order or Registered Employment AGreement. If the hours of work are not specified, under Section 17 of the Act, the employer must notify the employee of the starting and finishing times at least 24 hours before the first day or the day of each week the employee is required to work. The employer can do this by putting up a notice in a conspicuous place in the employee's workplace on a day when the employee is working. If the employee is required to work additional hours the 24 hours' notice must be given in the same way. However, in unforeseen circumstances such as another employee off work sick, the employer can ask the employee to work at less than 24 hours' notice.
If you do Sunday work your entitlement to extra pay may be agreed between you and your employer. Under the Organisation of Working Time Act, if there is no agreement about your pay, your employer must give you one or more of the following for Sunday working:
What is reasonable depends on all the circumstances. It is a matter for negotiation between you and your employer and, where applicable, your trade union. Some guidance may be obtained by referring, where possible, to an agreement applying to comparable employees elsewhere in similar employment.
Overtime is work done outside normal working hours.There is no statutory obligation on employers to pay employees for work completed in overtime. Many employers pay employees higher rates of pay for overtime. Your contract of employment should state if you are required to work overtime and the rates of pay if you are to be paid for it. Certain sectors of employment were covered by Employment Regulation Orders and Registered Employment Agreements and may have higher rates of pay for overtime.
Following a decision by the European Court of Justice in 2015, where workers have no fixed place of work the time they spend travelling between their home and their first and last customers may be considered to be working time – see ‘Further information below.
Under the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001, your employer is required to keep detailed records of your working hours.
You should refer disputes under the Organisation of Working Time Act 1997 within 6 months of the dispute or complaint occurring. You must use the online complaint form available on workplacerelations.ie. However this time limit may be extended for up to 12 months if there was reasonable cause for not bringing the complaint within the first 6 months.
Further information on working hours and your employment rights is available from the Workplace Relations Commission's Information and Customer Service – see 'Where to apply' below.
Information and Customer Service
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Fax:(059) 917 8909
In 2015 the European Court of Justice ruled in case C-266/14 (pdf) that where workers do not have a fixed place of work, the time they spend travelling between their home and their first and last customers each day counts as working time.
Section 8 of the National Minimum Wage Act 2000 states that working time does not include time spent travelling to and from work. Until this legislation is amended this ECJ ruling may not be enforceable by employees in the private sector. However under the principle of direct effect it does apply to the public sector and therefore workers in the public sector who do not have a fixed place of work may be able to count their travel time between their home and their first and last customers as working time.
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000. The Phone Service will operate Monday to Friday, 9am to 6pm during January 2017. You can also visit your local Citizens Information Centre.