Organisation of Working Time Act 1997
Weekly rest periods.
13.—(1) In this section “daily rest period” means a rest period referred to in section 11.
(2) Subject to subsection (3), an employee shall, in each period of 7 days, be granted a rest period of at least 24 consecutive hours; subject to subsections (4) and (6), the time at which that rest period commences shall be such that that period is immediately preceded by a daily rest period.
(3) An employer may, in lieu of granting to an employee in any period of 7 days the first-mentioned rest period in subsection (2), grant to him or her, in the next following period of 7 days, 2 rest periods each of which shall be a period of at least 24 consecutive hours and, subject to subsections (4) and (6)—
(a) if the rest periods so granted are consecutive, the time at which the first of those periods commences shall be such that that period is immediately preceded by a daily rest period, and
(b) if the rest periods so granted are not consecutive, the time at which each of those periods commences shall be such that each of them is immediately preceded by a daily rest period.
(4) If considerations of a technical nature or related to the conditions under which the work concerned is organised or otherwise of an objective nature would justify the making of such a decision, an employer may decide that the time at which a rest period granted by him or her under subsection (2) or (3) shall commence shall be such that the rest period is not immediately preceded by a daily rest period.
(5) Save as may be otherwise provided in the employee’s contract of employment—
(a) the rest period granted to an employee under subsection (2), or
(b) one of the rest periods granted to an employee under subsection (3),
shall be a Sunday or, if the rest period is of more than 24 hours duration, shall include a Sunday.
(6) The requirement in subsection (2) or paragraph (a) or (b) of subsection (3) as to the time at which a rest period under this section shall commence shall not apply in any case where, by reason of a provision of this Act or an instrument or agreement under, or referred to in, this Act, the employee concerned is not entitled to a daily rest period in the circumstances concerned.
Annotations
Modifications (not altering text):
C11
Application of section restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 3(3).
Scope
3. (1) These Regulations shall apply to workers employed on board a craft operated within the State in the commercial inland waterway transport sector.
(2) Inland waterway transport operators shall not be considered workers within the meaning of these Regulations, even if they have the status of workers in their own undertaking.
(3) Sections 11, 12, 13, 15, 16, 19 and 25 of the Organisation of Working Time Act, 1997 (No. 20 of 1997) do not apply to workers employed on board a craft operated in the commercial inland waterway transport sector.
C12
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.
Editorial Notes:
E68
Compliance notice procedure in respect of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.
E69
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.
E70
Previous affecting provision: application of section restricted (31.12.2010) by Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010), part III.
E71
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.
E72
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.
E73
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.
E74
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).
E75
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.
E76
Previous affecting provision: application of section restricted (22.07.2005) byEmployment 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.
E77
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.
E78
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.
E79
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.
E80
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.
E81
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.
E82
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 .
E83
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.
E84
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.
E85
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.
E86
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.
E87
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.
E88
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.