Organisation of Working Time Act 1997

Compensatory rest periods.

6

6. (1) Any regulations, collective agreement, registered employment agreement or employment regulation order referred to in section 4 that exempt any activity from the application of section 11 , 12 or 13 or provide that any of these sections shall not apply in relation to an employee shall include a provision requiring the employer concerned to ensure that the employee concerned has available to himself or herself such rest period or break as the provision specifies to be equivalent to the rest period or break, as the case may be, provided for by section 11, 12 or 13 .

(2) Where by reason of the operation of subsection (1) or (2) of section 4 , or section 5 , an employee is not entitled to the rest period or break referred to in section 11, 12 , or 13 the employer concerned shall—

( a) ensure that the employee has available to himself or herself a rest period or break, as the case may be, that, in all the circumstances, can reasonably be regarded as equivalent to the first-mentioned rest period or break, or

( b) if for reasons that can be objectively justified, it is not possible for the employer to ensure that the employee has available to himself or herself such an equivalent rest period or break, otherwise make such arrangements as respects the employee’s conditions of employment as will compensate the employee in consequence of the operation of subsection (1) or (2) of section 4 , or section 5 .

(3) The reference in subsection (2) (b) to the making of arrangements as respects an employee’s conditions of employment does not include a reference to—

( a) the granting of monetary compensation to the employee, or

( b) the provision of any other material benefit to the employee, other than the provision of such a benefit as will improve the physical conditions under which the employee works or the amenities or services available to the employee while he or she is at work.

Annotations:

Editorial Notes:

E15

E15

Compliance notice procedure in respect of subs. (2) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

Code for purposes of section adopted (24.02.1998) by Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order 1998 ( S.I. No. 44 of 1998).