Organisation of Working Time Act 1997

Exemptions.

4

4. (1) Without prejudice to section 6 , section 11 or 13 or, as appropriate, both these sections shall not apply, as respects a person employed in shift work, each time he or she changes shift and cannot avail himself or herself of the rest period referred to in section 11 or 13 or, as the case may be, both those sections.

(2) Without prejudice to section 6 , sections 11 and 13 shall not apply to a person employed in an activity (other than such activity as may be prescribed) consisting of periods of work spread out over the day.

(3) Subject to subsection (4), the Minister may by regulations exempt from the application of section 11, 12, 13, 16 or 17 any activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or any specified class or classes of such activity, and regulations under this subsection may, without prejudice to section 6 , provide that any such exemption shall not have effect save to the extent that specified conditions are complied with.

(4) Where the Minister proposes to make regulations under subsection (3), the Minister shall consult with such persons as he or she considers to be representative of the employers and employees who, in the opinion of the Minister, are likely to be affected by the proposed regulations.

(5) Without prejudice to section 6 , if—

( a) a collective agreement that for the time being stands approved of by the Labour Court under section 24 , or

( b) a registered employment agreement,

provides that section 11, 12 or 13 shall not apply in relation to the employees to whom the agreement for the time being has effect, or a specified class or classes of such employees, section 11, 12 or 13 , as the case may be, shall not apply in relation to those employees or the said class or classes of such employees.

(6) Without prejudice to section 6 , an employment regulation order may include one or more provisions providing that section 11, 12 or 13 shall not apply in relation to the employees to whom the order relates or a specified class or classes of such employees.

Annotations:

Editorial Notes:

E12

Power pursuant to section exercised (1.01.2005) by Organisation of Working Time (Inclusion of Offshore Work) Regulations 2004 (S.I. No. 819 of 2004).

E13

Power pursuant to subs. (3) exercised (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004).

E14

Power pursuant to section exercised (1.03.1998) by Organisation of Working Time (General Exemptions) Regulations 1998 (S.I. No. 21 of 1998).