Organisation of Working Time Act 1997

Number 20 of 1997

ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 3 July 2023

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 the Civil Defence Act 2023 (17/2023), enacted 26 June 2023, and all statutory instruments up to and including the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 341 of 2023), made 29 June 2023, 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 3 July 2023

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. (Repealed)
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.	Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances.
18A.	Banded Hours.

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. (Repealed)
30.	Evidence of failure to attend before or give evidence or produce documents to Labour Court. (Repealed)
31.	References to rights commissioner by Minister. (Repealed)
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. (Repealed)
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. (Repealed)

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 3 July 2023

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. [7th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

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 Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(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

...

are transferred to the Minister for Business, Enterprise and Innovation.

...

(2) References to the Minister for Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

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

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Editorial Notes:

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.

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.

Previous affecting provision: 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 ; superseded as per C-note above.

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Organisation of Working Time Act 1997