Organisation of Working Time Act 1997

Weekly working hours.

15

15. (1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “ reference period ”) that does not exceed—

( a) 4 months, or

( b) 6 months—

(i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or

(ii) where due to any matter referred to in section 5 , it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsection,

or

( c) such length of time as, in the case of an employee employed in an activity mentioned in subsection (5), is specified in a collective agreement referred to in that subsection.

(2) Subsection (1) shall have effect subject to the Fifth Schedule (which contains transitional provisions in respect of the period of 24 months beginning on the commencement of that Schedule).

(3) The days or months comprising a reference period shall, subject to subsection (4), be consecutive days or months.

(4) A reference period shall not include—

( a) any period of annual leave granted to the employee concerned in accordance with this Act (save so much of it as exceeds the minimum period of annual leave required by this Act to be granted to the employee),

F10 [ ( aa ) any period during which the employee was absent from work while on parental leave, force majeure leave or carer s leave within the meaning of the Carer s Leave Act, 2001, ]

( b) any absences from work by the employee concerned authorised under the Maternity Protection Act, 1994, or the Adoptive Leave Act, 1995, or

( c) any sick leave taken by the employee concerned.

(5) Where an employee is employed in an activity (including an activity referred to in subsection (1) (b) (i))—

( a) the weekly working hours of which vary on a seasonal basis, or

( b) as respects which it would not be practicable for the employer concerned to comply with subsection (1) (if a reference period not exceeding 4 or 6 months, as the case may be, were to apply in relation to the employee) because of considerations of a technical nature or related to the conditions under which the work concerned is organised or otherwise of an objective nature,

then a collective agreement that for the time being has effect in relation to the employee and which stands approved of by the Labour Court under section 24 may specify, for the purposes of subsection (1) (c), a length of time in relation to the employee of more than 4 or 6 months, as the case may be (but not more than 12 months).

Annotations:

Amendments:

F10

Substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 28(a), commenced on enactment.

Modifications (not altering text):

C10

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.

C11

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:

E88

Compliance notice procedure in respect of subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

E89

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.

E90

Previous affecting provision: new para. (4)(aa) inserted (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 25(4), commenced as per s. 1(2); substituted as per F-note above.