Page 25 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

4 Working Hours

Organisation of Working Time Certain sectors which were originally
Act 1997 excluded from the scope of the Organisation
of Working Time Act 1997 have now been
The Organisation of Working Time Act 1997 covered by working time rules by way of
sets out statutory rights for employees in several sets of Regulations made under
respect of rest, maximum working time and the European Communities Act. These
holidays. These rights apply either by law as Regulations either brought a particular sector
set out in the Act, in Regulations made under within the scope of the 1997 Act or provided
the Act or through legally binding collective for stand-alone rules for a particular sector
agreements. These agreements may vary within a set of Regulations. These sectors
the times at which rest is taken or vary the include transport workers (other than those
averaging period over which weekly working performing mobile road transport activities
time is calculated. and those in civil aviation which are covered
by separate working time Regulations made
The 1997 Act does not apply to Members of under EU Directives related specifically to
the Defence Forces or of the Garda Siochana. those sectors), doctors in training, sea-fishing
Part II of that Act (which deals with rest workers and offshore workers.
periods, and weekly working hours) does not
apply to hospital doctor in training , persons
1
engaged in sea-fishing or other work at sea,
persons employed in the civil protection Maximum Weekly Working Time
services (e.g. prisons, fire services, Irish Coast
Guard) those who control their own working The maximum average working week is 48
2
hours or persons employed by a close relative hours. Averaging may be balanced out over
in a private dwelling house or farm in or on a 4, 6 or 12 month period depending on the
which both reside. circumstances.

1 See the European Communities (Workers on board Sea-going Fishing Vessels( Organisation of Working Time)
Regulations 2003 (SI No. 709 of 2003)
2 See the Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (SI No. 52 of 1998)

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