Organisation of Working Time Act 1997

Rests and intervals at work.

12

12. (1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

(3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).

(4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Annotations:

Modifications (not altering text):

C6

Application of section restricted (1.10.2015) by Organisation of Working Time (Non-Application of Certain Provision to Persons Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015), reg. 3.

Non-application of Act

3. Sections 11, 12, 13, 15 and 16 of the Act do not apply to persons performing mobile road transport activities as defined in Directive 2002/15/EC.

C7

Application of section restricted (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 6.

6. Mobile Workers are exempted from the application of sections 11, 12, 13 and 16 of the Act.

C8

Application of section restricted (1.03.1998) by Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (S.I. No. 52 of 1998), reg. 3 and sch. as amended (3.12.2009) by Organisation of Working Time (Exemption of Civil Protection Services) (Amendment) Regulations 2009 (S.I. No. 478 of 2009).

Exemptions

3. The persons employed in each of the classes of activity specified in the Schedule to these Regulations are, as respects the carrying out of the duties involved in that activity, hereby exempted from the application of sections 11, 12, 13, 15 and 16 of the Organisation of Working Time Act, 1997 (No. 20 of 1997).

Schedule

1. The activity of a person employed in a prison or place of detention, being an activity that involves the maintenance of security in that prison or place of detention or the control or care of prisoners and which cannot be carried on within the normal rostering schedules applicable to that prison or place of detention.

2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

3. The activity of a person, other than a member of the Garda Síochána, employed as an authorised officer (within the meaning of the Air Navigation and Transport Acts, 1950 to 1988, and any enactment amending or extending those Acts).

4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

[5. The activities of—

(a) persons employed by the Irish Coast Guard, and

(b) other persons (including contractors of the Irish Coast Guard) carrying out an activity in support of the emergency service of the Irish Coast Guard,not being an activity of a clerical nature. ]

Editorial Notes:

E43

Compliance notice procedure in respect section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

E44

Power pursuant to subs. (3) exercised (1.03.1998) by Organisation of Working Time (Breaks At Work For Shop Employees) Regulations 1998 (S.I. No. 57 of 1998).

E45

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders under which application of this section could be restricted. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

E46

Previous affecting provision: application of section restricted (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), Part III.

E47

Previous affecting provision: application of section restricted (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010), part III; revoked (31.12.2010) by Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), reg. 3.

E48

Previous affecting provision: application of section restricted (14.04.2008) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2008 (S.I. No. 93 of 2008) reg. 2 and sch. part II(3); revoked (3.05.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2010 (S.I. No. 164 of 2010), reg. 3.

E49

Previous affecting provision: application of section restricted (11.05.2007) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2007 (S.I. No. 190 of 2007), reg. 2; revoked (14.04.2008) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2008 (S.I. No. 93 of 2008), reg. 3.

E50

Previous affecting provision: application of section restricted (1.01.2007) by Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006), art. 2 and sch., part II, Conditions of Employment (iii).

E51

Previous affecting provision: application of section restricted (23.02.2006) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2006 (S.I. No. 24 of 2006), reg. 2; revoked (11.05.2007) by Employment Regulation Order (Agricultural Workers Joint Labour Committee 2007 (S.I. No. 190 of 2007), reg. 3.

E52

Previous affecting provision: application of section restricted (22.07.2005) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005), reg. 2; revoked (23.02.2006) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 24 of 2006), reg. 3.

E53

Previous affecting provision: application of section restricted (1.07.2005) by Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005), sch., part II, Conditions of Employment (iii); revoked (1.01.2007) by Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006), reg. 3.

E54

Previous affecting provision: application of section restricted (1.02.2004) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004), reg. 2; revoked (22.07.2005) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005), reg. 3.

E55

Previous affecting provision: application of section restricted (1.01.2004) by Employment Regulation Order (Security Industry Joint Labour Committee) 2003 (S.I. No. 631 of 2003), reg. 2 and sch., part II, Conditions of Employment (iii); revoked (1.07.2005) by Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005), reg. 3.

E56

Previous affecting provision: application of section restricted (23.05.2003) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003), reg. 2; revoked (1.02.2004) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004), reg. 3.

E57

Previous affecting provision: application of section restricted (23.04.2002) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002), reg. 2; revoked (23.05.2003) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003), reg. 3.

E58

Previous affecting provision: application of section restricted (12.04.2001) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001), reg. 2; revoked (23.04.2002) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002), reg. 3 .

E59

Previous affecting provision: application of section restricted (1.03.2001) by Employment Regulation Order (Security Industry Joint Labour Committee) 2001 (S.I. No. 35 of 2001), reg. 2 and sch., part II, Conditions of Employment (iii); revoked (1.01.2004) by Employment Regulation Order (Security Industry Joint Labour Committee) 2003, S.I. No. 631 of 2003.

E60

Previous affecting provision: application of section restricted (4.08.2000) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000), reg. 2; revoked (12.04.2001) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001), reg. 3.

E61

Previous affecting provision: application of section restricted (23.03.2000) by Employment Regulation Order (Security Industry Joint Labour Committee) 2000 (S.I. No. 20 of 2000), reg. 2 and sch., part. II, Conditions of Employment (iii); revoked (1.03.2001) by Employment Regulation Order (Security Industry Joint Labour Committee) 2001 (S.I. No. 35 of 2001), reg. 3.

E62

Previous affecting provision: application of section restricted (17.08.1999) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999), reg. 2; revoked (4.08.2000) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000), reg. 3.

E63

Previous affecting provision: application of section restricted (10.07.1998) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1998 (S.I. No. 221 of 1998), reg. 2; revoked (17.08.1999) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999), reg. 3.

E64

Previous affecting provision: application of section restricted (30.01.1998) by Organisation of Working Time (Exemption of Transport Activities) Regulations 1998 (S.I. No. 20 of 1998), reg. 3 and sch.; revoked (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 5.