Organisation of Working Time Act 1997


Number 20 of 1997


ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Organisation of Working Time Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 1997


ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 1 September 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Though not included in a collective citation, the following legislation deals with related subject matter:

European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004)

European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006)

European Communities (Organisation of Working Time) (Activities of Doctors in Training) (Amendment) Regulations 2010 (S.I. No. 553 of 2010)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act (16/2015)

Local Government Reform Act 2014 (1/2014)

Education and Training Boards Act 2013 (11/2013)

Industrial Relations (Amendment) Act 2012 (32/2012)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Medical Practitioners Act 2007 (25/2007)

Safety, Health and Welfare at Work Act 2005 (10/2005)

Protection of Employees (Fixed-Term Work) Act 2003 (29/2003)

Carer’s Leave Act 2001 (19/2001)

National Minimum Wage Act 2000 (5/2000)

Parental Leave Act 1998 (30/1998)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

Organisation of Working Time (Non-Application of Certain Provisions to Personal Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015)

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010)

Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010)

Organisation of Working Time (Exemption of Civil Protection Services) (Amendment) Regulations 2009 (S.I. No. 478 of 2009)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2008 (S.I. No. 93 of 2008)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2007 (S.I. No. 311 of 2007)

Employment Regulation Order (Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee) 2007 (S.I. No. 310 of 2007)

Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)

Employment Regulation Order (Agricultural Workers Joint Labour Committee ) 2007 (S.I. No. 190 of 2007)

Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) (No. 2) 2006 (S.I. No. 459 of 2006)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) (No. 2) 2006 (S.I. No. 458 of 2006)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 73 of 2006)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 72 of 2006)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2006 (S.I. No. 24 of 2006)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 524 of 2005)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 523 of 2005)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005)

Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005)

Organisation of Working Time (Inclusion of Offshore Work) Regulations 2004 (S.I. No. 819 of 2004)

Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004)

European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 60 of 2004)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 59 of 2004)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004)

Employment Regulation Order (Security Industry Joint Labour Committee) 2003 (S.I. No. 631 of 2003)

European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 (S.I. No. 532 of 2003)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 354 of 2003)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 353 of 2003)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 158 of 2002)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 157 of 2002)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002)

Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. No. 473 of 2001)

Organisation of Working Time (National Day of Mourning) Regulations 2001 (S.I. No. 419 of 2001)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 185 of 2001)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 184 of 2001)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001)

Employment Regulation Order (Security Industry Joint Labour Committee) 2001 (S.I. No. 35 of 2001)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2000 (S.I. No. 84 of 2000)

Employment Regulation Order (Security Industry Joint Labour Committee) 2000 (S.I. No. 20 of 2000)

Safety, Health and Welfare At Work (Night Work and Shift Work) Regulations 2000 (S.I. No. 11 of 2000)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999)

Employment Regulation Order (Contract Cleaning (City and Country of Dublin) Joint Labour Committee) 1999 (S.I. No. 152 of 1999)

Organisation of Working Time (Public Holiday) Regulations 1999 (S.I. No. 10 of 1999)

Safety, Health and Welfare At Work (Night Work and Shift Work) Regulations 1998 (S.I. No. 485 of 1998)

Organisation of Working Time (Code of Practice on Sunday Working in The Retail Trade and Related Matters) (Declaration) Order 1998 (S.I. No. 444 of 1998)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1998 (S.I. No. 221 of 1998)

Organisation of Working Time (Breaks At Work For Shop Employees) Regulations 1998 (S.I. No. 57 of 1998)

Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (S.I. No. 52 of 1998)

Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998)

Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order 1998 (S.I. No. 44 of 1998)

Organisation of Working Time (General Exemptions) Regulations 1998 (S.I. No. 21 of 1998)

Organisation of Working Time (Exemption of Transport Activities) Regulations 1998 (S.I. No. 20 of 1998)

Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order 1998 (S.I. No. 44 of 1998)

Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997 (S.I. No. 475 of 1997)

Organisation of Working Time Act, 1997 (Commencement) Order 1997 (S.I. No. 392 of 1997)

Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 305 of 1997)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.

Court decision which affects or previously affected this revision

John Grace Fried Chicken Ltd and Others -v- Catering Joint Labour Committee and Others [2011] IEHC 277


Number 20 of 1997


ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Non-application of Act or provisions thereof.

4.

Exemptions.

5.

Employer relieved from complying with certain provisions in certain circumstances.

6.

Compensatory rest periods.

7.

Regulations and orders.

8.

Inspectors.

9.

Repeals.

10.

Expenses.

PART II

Minimum Rest Periods and other matters relating to Working Time

11.

Daily rest period.

12.

Rests and intervals at work.

13.

Weekly rest periods.

14.

Sunday work: supplemental provisions.

15.

Weekly working hours.

16.

Nightly working hours.

17.

Provision of information in relation to working time.

18.

Provision in relation to zero hours working practices.

PART III

Holidays

19.

Entitlement to annual leave.

20.

Times and pay for annual leave.

21.

Entitlement in respect of public holidays.

22.

Public holidays: supplemental provisions.

23.

Compensation on cesser of employment.

PART IV

Miscellaneous

24.

Approval of collective agreements by Labour Court.

25.

Records.

26.

Refusal by an employee to co-operate with employer in breaching Act.

27.

Complaints to rights commissioner.

28.

[Decision of Labour Court on appeal from decision referred to in section 27(3).]

29.

Enforcement of determinations of Labour Court.

30.

Evidence of failure to attend before or give evidence or produce documents to Labour Court.

31.

References to rights commissioner by Minister.

32.

Provisions in relation to outworkers who are employees.

33.

Prohibition on double employment.

34.

Penalties, proceedings, etc.

35.

Codes of practice.

36.

Provisions in relation to Protection of Young Persons (Employment) Act, 1996.

37.

Voidance of certain provisions.

38.

Amendment of section 51 of Safety, Health and Welfare at Work Act, 1989.

39.

Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.

40.

Alternative means of claiming relief in cases of non-compliance with Part III.

41.

Increase of penalties under certain enactments.

FIRST SCHEDULE

Transitional Provisions In Relation To Annual Leave Entitlements

SECOND SCHEDULE

Public Holidays

THIRD SCHEDULE

Entitlement under section 21 in respect of Public Holidays:

Exceptions

FOURTH SCHEDULE

Enactments Repealed

FIFTH SCHEDULE

Transitional Provisions in relation to section 15 (1)

SIXTH SCHEDULE

Text of Council Directive


Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Civil Service Regulation Act, 1956

1956, No. 46

Conditions of Employment Act, 1936

1936, No. 2

Conditions of Employment Act, 1944

1944, No. 12

Courts Act, 1981

1981, No. 11

Dangerous Substances Act, 1972

1972, No. 10

Employment Agency Act, 1971

1971, No. 27

Holidays (Employees) Acts, 1973 and 1991

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1990

1990, No. 19

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Night Work (Bakeries) Act, 1936

1936, No. 42

Night Work (Bakeries) (Amendment) Act, 1981

1981, No. 6

Payment of Wages Act, 1991

1991, No. 25

Petty Sessions (Ireland) Act, 1851

1851, c.93

Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991

Protection of Young Persons (Employment) Act, 1996

1996, No. 16

Redundancy Payments Acts, 1967 to 1991

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

Safety, Health and Welfare (Offshore Installations) Act, 1987

1987, No. 18

Shops (Conditions of Employment) Act, 1938

1938, No. 4

Shops (Conditions of Employment) (Amendment) Act, 1942

1942, No. 2

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Terms of Employment (Information) Act, 1994

1994, No. 5

Trade Union Act, 1941

1941, No. 22

Unfair Dismissals Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5


Number 20 of 1997


ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 1 September 2017


AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 93/104/EC OF 23 NOVEMBER 1993 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING CERTAIN ASPECTS OF THE ORGANIZATION OF WORKING TIME, TO MAKE PROVISION OTHERWISE IN RELATION TO THE CONDITIONS OF EMPLOYMENT OF EMPLOYEES AND THE PROTECTION OF THE HEALTH AND SAFETY OF EMPLOYEES, TO AMEND CERTAIN ENACTMENTS RELATING TO EMPLOYEES, TO REPEAL THE CONDITIONS OF EMPLOYMENT ACTS, 1936 AND 1944, THE HOLIDAYS (EMPLOYEES) ACTS, 1973 AND 1991, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [7 th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5. Note that original “Minister for” and “Department of Enterprise and Employment” changed or functions transferred:

• to Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

(b) under the Regulations specified in Part 3 of the Schedule,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Social Protection.

...

SCHEDULE

PART 1

Acts of the Oireachtas

...

Organisation of Working Time Act 1997 (No. 20 of 1997)

...

Editorial Notes:

E1

Redress and appeal procedures in respect of entitlements under Act provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 7, sch. 6 part 1 item 10, sch. 6 part 2 item 10, S.I. No. 410 of 2015.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 5, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.