Organisation of Working Time Act, 1997

Overview

• The Act provides for the implementation of Council Directive 93/104/EC of 23 November 1993 regarding the organization of working time.
• It covers the conditions of employment and the health and safety of employees in Ireland.
• Repeals previous enactments related to employee conditions and introduces new provisions related to working time.

Part I: Preliminary and General

• Short Title & Commencement:
  • Cited as the Organisation of Working Time Act, 1997.
  • The commencement date is determined by the Minister.
• Interpretation:
  • Provides definitions for key terms including "annual leave," "collective agreement," "contract of employment," and "working time."
• Non-application & Exemptions:
  • Exclusions for members of Garda Siochana, Defence Forces, and certain other groups under specific conditions.
• Inspectors:
  • Appointment and powers of inspectors to ensure compliance.

Part II: Minimum Rest Periods & Working Time

• Daily Rest:
  • 11 consecutive hours per day.
• Breaks at Work:
  • Minimum 15-minute break for every 4.5 hours, 30-minute break for more than 6 hours.
• Weekly Rest:
  • 24 consecutive hours per week, typically including Sunday.
• Weekly Working Hours:
  • Maximum average of 48 hours over a reference period.
• Night Work:
  • Restrictions and health assessments for night workers.
• Zero Hours:
  • Provisions regarding employees required to be available for work.

Part III: Holidays

• Annual Leave:
  • Entitlement of at least 4 working weeks in a leave year, with specific provisions for calculation.
• Public Holidays:
  • Compensation and entitlements related to working on public holidays.
• Compensation on Employment Termination:
  • Compensation for untaken leave and public holidays upon cessation of employment.

Part IV: Miscellaneous

• Collective Agreements:
  • Approval by Labour Court and conditions for agreements.
• Record Keeping:
  • Employers must maintain records for compliance.
• Penalties:
  • Fines and enforcement for non-compliance.

Schedules

• First Schedule: Transitional provisions for annual leave.
• Second Schedule: List of public holidays.
• Third Schedule: Exceptions for public holiday entitlements.
• Fourth Schedule: Enactments repealed by this Act.
• Fifth Schedule: Transitional provisions regarding section 15.
• Sixth Schedule: Text of Council Directive 93/104/EC.

Acts Referred To

• Several acts are referred to and amended, including the Adoptive Leave Act, 1995, and the Safety, Health and Welfare at Work Act, 1989.