Keeping records of working time and breaks

Introduction

Your employer must keep detailed records of the hours you work each day and week. They must also keep a record of any leave, rest periods and breaks you take. However, some employers are exempt from recording rest periods – see ‘Exemptions’ below.

Employers can record your working time electronically (for example, using a clock-in system), or using an OWT1 form (or similar).

An inspector from the Workplace Relations Commission can get full access to these records.

How long are records of working time kept?

Employers must keep a record of their employees’ working time for 3 years. This legal obligation is not affected by the General Data Protection Regulation (GDPR).

Employers who do not keep these records are guilty of an offence and may get a fine up to €1,900.

The employee is not responsible, and cannot be penalised, for their employer’s lack of record-keeping.

Records to be kept by your employer

Your employer should keep the following records:

  • Your name, address, PPS number, and a brief statement of your duties as an employee
  • A copy of your contract of employment
  • Your total days and hours worked in each week
  • Any days and hours of leave you take each week (including annual leave and public holidays), and the payment you got for that leave
  • Any additional pay for a public holiday
  • A copy of a ‘written record of a notification of working time’ (such as your weekly rota)

Your employer must keep these records in a way that can be easily understood by an inspector from the Workplace Relations Commission.

Can I complete my own records?

If you (the employee) and your employer agree, you can:

  1. Complete your own OWT1 form (or a similar form) each week
  2. Give the completed form to your employer for them to sign

Your employer must then keep the completed form so that it is available for inspection by the Workplace Relations Commission.

If you cannot take your break or rest period

If you are unable to take a break or rest period in your job, you must tell your employer, in writing, within 1 week. You must include the reason why you did not take the break.

Your employer must:

  • Look at the reasons why you were unable to take your break
  • Examine any health and safety issues that have (or might have) arisen relating to you and your job
  • Allow you to take the rest break that you were due as soon as possible

If you do not take your break when this is offered, you are at fault and your employer is not obliged to offer you a further rest break. Read more about your entitlements to rest periods and breaks.

Exemptions from keeping records of rest periods

Your employer does not have to record your breaks and rest periods if they use electronic record-keeping (such as clock-in facilities) or manual record-keeping (such as the OWT1 form), and they either:

Your employer must keep:

  • Written evidence they have told you of your entitlement to rest breaks
  • Written evidence they have told you that, if any rest breaks are not taken, you must let them know in writing
  • Records of all notifications sent by you in relation to your working time.

Further information on records of working time

You can read about the laws on keeping records of working time in:

You can also contact the Workplace Relations Commission's Information and Customer Service.

Workplace Relations Commission - Information and Customer Service

O'Brien Road
Carlow
R93 E920

Opening Hours: Mon. to Fri. 9.30am to 1pm, 2pm to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Page edited: 24 August 2021