Page 13 - Raco 2018

FREQUENTLY ASKED QUESTIONS – EU WORKING TIME DIRECTIVE
Q What is a a Directive?
A A A A Directive is a a a a a a a a a a a a a a legal act of of the the European Union which requires Member States to achieve a a a a a a a a a a a a a a a a a a particular result result without dictating the the means of of achieving that result result It can be be distinguished from regulations which are self-executing and do not require any implementing measures Directives normally leave Member States with a a a a a a a a a a a a a a a certain amount of leeway as as to to the exact rules to to be adopted Q What is the Working Time Directive?
A The objective of of the the EU’s Directive 2003/88/EC is to to “enhance the the safety and and and welfare of of workers and and and and to to provide for greater compatibility between work work and and and and family life” Accordingly it it it is is is firmly rooted in in in in health & safety rather than employment legislation and and and legal jurisprudence in in in in in the the the the area has determined that it it it cannot be be easily forgone by employers Essentially the the the WTD sets out limits on on on the the the number of continuous hours employees can can work over certain periods Q What does this mean in Practice?
A In the the the absence of agreed derogations or or exemptions employers must ensure their employees’ working working hours hours hours meet the the following minimum standards • • Average working working hours hours hours hours must not exceed 48 hours hours hours hours in in in in in in in any week • • • Minimum Minimum daily rest rest period period of of 11 consecutive hours hours hours hours hours in in in in in in every 24 24 hours hours hours hours hours • • Minimum Minimum weekly rest rest rest period period period of of 24 24 uninterrupted hours hours hours hours for each 7-day period period period in in in in in addition to the the 11 hours daily rest rest i i i i i i i i i i i e e e e e e e e e e e e e e e e e e 35 hour hour ‘weekend’ • Rest periods during working day Where the the the the the worker has worked worked for 4 5 5 hours hours hours they they they are are entitled entitled to to a a a a a a a a a fifteen-minute break break If they they they have worked worked in in in in in excess of 6 hours hours they they they are are entitled entitled to to a a a a a a a a a 30-minute break • Paid annual leave of at least 4 weeks per year Q What is the the the current status of the the the WTD pertaining to the the the Defence Forces?
A A A When Ireland transposed the the the the Directive into Irish legislation it it enacted the the the the Organisation of of of Working Time Act Act (1997) Section 3 of of of the the the the the the Act Act states it it does “not apply to to a a a a a a a a a a a á a a a a member of of of the the the the the the Garda Síochána or or or or or the the the the the Defence Forces” thereby evoking blanket exemption and derogations to the the the number of hours that personnel may work in in a a á a a a a a a a a day week month or or or or year Q What is an “Exemption”?
Article 2 2 2 2 of of the the WTD states that that exemptions may be be granted only for activities that that “can
A A be be justified by an an absolute necessity to ensure effective protection of of the the community” Q What is a a a “Derogation”?
Article 17 3 of the WTD states that derogations sought must be be outlined for each activity A A and subject to to compensatory rest being provided Q Why so long to to Implement WTD to to the Defence Forces?
Since 2010 following a a a a a a a a a a European Court of Justice (ECJ) ruling and further successful legal A A A actions in in in in in in in in in the the the the the the Irish courts (including PDFORRA) the the the the the the State has accepted that the the the the the the broad exclusions in in in in in in in respect of of of of members of of of of the the the the the the Defence Forces contained in in in in in in in Sec 3 of of of of the the the the the the 1997 Act are now no no longer compatible with the the the the the Directive The ECJ indicated that any exclusion exclusion of of of of of members of of of the the the the the the the DF “must be be limited to to exceptional circumstances” This exposes the the the the the the the State to to to a a a a a a a a a a a range of of of further legal actions in in the the the the the the the the ECJ the the the the the the the the High Court or or or or the the the the the the the the Workplace Relations Commission (WRC) forcing Government to to to to open the the the the the the way for for members of of the the the the the the DF and An Garda Síochána to to to enjoy work place benefits which Irish law currently purports to to to exclude
them from Q What is is is RACO’s role in the the implementation?
As the the the WTD is is is essentially a a a a a a a a health & safety legislation this places its implementation in in the the the A A DF firmly within the the scope of representation 1 Q What is RACO’s position?
RACO members ultimately decide on on on on on the the the Association’s policy To date the the the National A A A Executive has has discussed the the the the Directive and has has agreed to to place a a a a a a a a a a a a a a motion to to conference
advocating for the the full implementation of WTD provisions 1 3rd Schedule to Defence Force Regulation S S 6 FREQUENTLY ASKED QUESTIONS Annual Delegate Conference 2018
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