If the employee is working a shift longer than six hours, this rest break after four and a half hours must be 30 minutes long. The 48 hours of work do not include time spent on annual leave, sick leave, maternity leave, adoptive leave or parental leave. In the UK if you are not called in to work in any week, you dont get paid. No. If you and your employer have not made an agreement about extra pay, then your employer must give you one (or more) of the following: What is reasonable depends on the situation. 15 Nov 2021 | David O'Riordan This overview gives an introduction to the principal areas of employment law in Ireland that affect businesses. The Statutory Penalties for Breaches of Employment Law in Ireland There is no legal right to pay for working extra hours and there is no statutory levels of overtime pay. Section 13deals with weekly rest periods and gives an entitlement to at least24 consecutive hours of a break in each period of seven days, or at the employers discretion two rest periods each of which must be for at least 24 consecutive hours during a second seven days period. The parent who does not get adoptive leave is entitled to paternity leave. In December 2022 some changes were introduced into employment law in Ireland thanks to the transposition of the European Directive 2019/1152 into Irish law. If you work part-time, you can't be treated less favourably than a comparable full-time employee unless it is justified, such as pension entitlements. The rate of payment for statutory sick leave is 70% of normal wages, up to a maximum 110 per day. Workplace Relations Commission adjudicator, Guide to Employment, Labour and Equality Law (pdf), Send feedback about citizensinformation.ie, The pages you visit on citizensinformation.ie, and how long you spend on each page, What you click while you are visiting the site, The number of hours employees work on a daily and weekly basis, The amount of leave granted to employees in each week as, Details of the payments in respect of this leave, Discrimination by religious, medical and educational institutions on religious grounds, Your employer terminates your contract of employment, with or without notice, You terminate your contract of employment, with or without notice, due to the conduct of your employer. You can find the full Acts and Statutory Instruments on irishstatutebook.ie and oireachtas.ie. If you have this type of contract, you are protected by employment legislation. However, they can ask you to work at less than 24 hours notice in unexpected cases, for example when they need you to cover for another employee who is off sick. The Workplace Relations Commission (WRC) has a Guide to Employment, Labour and Equality Law (pdf) and a booklet on Employment Law Explained (pdf). at the bottom of each page. You should respect the rules covering minimum daily and weekly rest, breaks, night work as well as annual leave and maximum weekly working time.. You can change your cookie If you are under 18, there are different rules (see below). There has been increasing controversy about the use of zero hour contracts and there are reviews currently (2014) being carried out in Ireland and the UK by Ged Nash and Ed Miliband respectively. 1. This page will help you understand what work breaks and rest periods you are entitled to by law. Tell you the starting and finishing times at least 24 hours before your first day of work. A working week can be more than 48 hours, it is the average that is important. The law on working time and rest periods does not apply to all employees. We have configured The Workplace Relations Commission has published a Guide to Employment, Labour and Equality Law (pdf) and a booklet on Employment Law Explained (pdf). Having said that, you are entitled to a 15min break after 4.5 hours and a further 15 after 6 hours. Employers cannot expect or oblige night workers to work over 8 hours in a 24 hour period; a night worker is a worker who works at least 3 hours post-midnight as night work is considered to be from midnight to 7 am. You can accept all cookies or you can chose which cookies to accept or reject. In Ireland, there is some compensation for workers who work less than 25% of their contracted hours in a week. Your employer will decide which band of weekly hours applies to you, based on the average number of hours you worked each week during the past 12 months see the table below. Posted workers 9. You can also find more information on employment protection legislation from the WRCs Information and Customer Service. The national minimum wage for an adult employee is 11.30 per hour since 1 January 2023. Its really dependant on the duration of the shifts your employees work. Staff members look forward to them during their shift and might refer to them with colleagues as drink breaks at work. The As an employer, you may have to deal with the unfortunate event of sexual harassment or discrimination claims being raised. A daily rest period of 11 consecutive hours per 24 hour period, A weekly rest period of 24 consecutive hours per seven days, following a daily rest period, A 15-minute break where more than 4 hours have been worked, A 30-minute break where more than 6 hours have been worked, which may include the first break. An employee could therefore work over 48 hours over a 7-day period provided s/he works less than 48 hours on average over 4 months. The Acts also place an obligation on employers to prevent harassment in the workplace. This also applies to people working from home. You can get more information on employment protection legislation from the Workplace Relations Commissions Information and Customer Service. No. However, your contract of employment may give you more annual leave than the statutory entitlement. Its a good idea to have an understanding of a common break structure so you can apply it to your business. We gather For example, if you finish work at 8pm, you should not start work again until 7am the next day. There are exemptions provided for certain workplaces and industries, In particular circumstances the employer can give compensatory rest periods where it is not possible for the employee to get his/her statutory entitlement in the normal course of events. The Carer's Leave Act 2001 gives employees the right to take temporary unpaid carer's leave so they can care for someone who needs full-time care and attention. Section 11 of the Act stipulates that an employee is entitled to arest period of not less than 11 consecutive hours in each period of 24 hours; this is the daily rest period. information on: Find a Citizens Information Centre in your area: This page is a summary of the rights and protection you have as an employee under various employment legislation. Understanding and complying with laws related to employee entitlement to breaks is essential for employers. This is outlined in the code of practice on the right to disconnect. The Family Leave and Miscellaneous Provisions Act 2021 amends the Parents Leave and Benefit Act 2019 and provides for 7 weeks paid parents leave for a child born or adopted on or after 1 July 2022, a child who is under the age of 2 on 1 July 2022 or an adopted child who has been placed with the family less than 2 years on 1 July 2022. In some cases the normal rules will not apply: Instead of getting normal breaks, you are entitled to compensatory rest. These are the: Right to earn a living. Employee? Makes the distinction between rest periods of 5 to 20 minutes and compensable waiting time or on-call time, all of which are paid work time. Employment working hours & Breaks in Ireland - The HR Company An activity of a security or surveillance nature the purpose of which is to protect persons or property and which requires the continuous presence of the employee at a particular place or places, and, in particular, the activities of a security guard, caretaker or security firm. GDPR & Employment Records - Workplace Relations Commission All full-time employees are entitled to 10 public holidays each year. The Employees (Provision of Information and Consultation) Act 2006 established minimum requirements for employees' right to information and consultation about the development of their employment's structure and activities during a transfer of undertakings. . Your employer is responsible, as far as is reasonably possible, for ensuring that you have a safe workplace. We gather You can read about recent regulations on employment permits on the Department of Enterprise, Trade and Employment website. See How to make a complaint below. Disputes are dealt with by a Rights Commissioner in the first instance with appeals to the Employment Appeals tribunal once referred within 6 months of the alleged breach. The employer has four weeks to consider the request. It requires organisations with more than 50 employees to have policies and processes for protected disclosures. Safety, Health and Welfare at Work Act 2005 (as amended) replaced the provisions of the Safety, Health and Welfare Act 1989. Staff members look forward to them during their shift and might refer to them with colleagues as drink breaks at work. The Organisation of Working Time Act, 1997 provides for zero hours contracts in section 18. Working Time Act | Ireland | Peninsula Ireland Privacy policy. Please Note: 1890 Lo-call numbers mentioned in these publications were retired as of 31/12/2021. Does travelling for work count towards my working time? These exemptions are normally set out in a statutory instrument so legal advices is recommended to check whether your industry is affected by an exemption. Employment Laws and Employee Rights | Peninsula Ireland You can also contact your local Citizens Information Centre. This rest period must be preceded by a section 11 daily rest period (see above). It guarantees that part-time workers are not treated less favourably than full-time workers. Follow these steps to calculate your average working hours: So you would have worked an average of 47.06 hours per week. An employee who believes their contract, or 5 day statement, does not reflect the hours they have consistently worked over the previous 12 months of service with their employer may request to be placed by that employer in a band of hours that better reflects the hours they have worked regularly). You should apply using the online complaint form. It aims to let working parents spend more time with their baby or adopted child during the first 2 years. information on: Find a Citizens Information Centre in your area: All workers are entitled to have breaks while they are at work and rest periods between working days or nights. The Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 set up a redundancy panel to consider certain proposed collective redundancies. Employment law. Note: a break at the end of the working day is not acceptable and does not comply with the Act. You can be made redundant,your employer can restrict the type of work you do, they can set the start and end date of the career break. Not all employees are entitled to the statutory redundancy payment, even where there is a redundancy situation. Minimum break and rest period entitlements are set out in the Organisation of Working Time Act 1997. Working hours. 1. Unlike in the UK, there is a certain degree of protection for the worker in Ireland. It aims to improve the quality of part-time work, to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time that takes account of the needs of employers and workers. These rights are set by employment legislation. Employers' obligations in Ireland - Citizens Information If you have a question about this topic you can contact the Citizens Information Phone Service on 0818 07 4000 (Monday to Friday, 9am to 8pm). Information about the Employment Detail Summary (previously P60) and how to get it. Employees are entitled to take a 15 minute break after working 4.5 hours, but are not entitled to be paid for these breaks. You can find out more information about understanding your employment status. You are entitled to a daily rest period of 11 consecutive hours per 24-hour period. at the bottom of each page. Employees can, in certain circumstances, rely on agreements governing comparable employees with a view to establishing appropriate levels of compensation. Speak to your employer directly and try to sort the issue informally. The new provisions will not interfere with these arrangements or with any such agreements that are collectively bargained in the future. You have a right to 3 days paid sick leave a year. You have certain entitlements if you lose your job. The Inspection and Enforcement Services of the Workplace Relations Commission aim to ensure compliance with employment rights legislation. We use Google Analytics to measure how you use the website so we can improve it. (i) the provision of services relating to the reception, treatment or care of persons in a residential institution, hospital or similar establishment. If you employ people or are setting up a business that will employ people, you need to know your responsibilities and your employees' rights. However, there may be different rules for workers with no fixed place of work (where you do not work in the same place every day). For employers it is important to note that working time and time off/annual leave should be viewed as health and safety issues for employees also. The use of zero hours contracts in the UK has soared in the last few years and, unlike in Ireland, there is no compensation for workers who are not called in to work. There are however some exceptions to this average period. Employees who are made redundant from their jobs have certain entitlements. For example, if you are making a complaint under the National Minimum Wage Act, you need to request a statement of earnings from your employer before making your complaint to the WRC. Employment Law in Ireland-Useful Links and Resources, Employee on probation granted injunction preventing the appointment of another person to her position, Court of Appeal dismisses Enoch Burkes appeal-decisions of the 3 Judges, False claim of racial slur and statements made after dismissal leads to 9,000 for unfair dismissal, Law around employment probation period changes, Performance review triggers psychiatric illness; non-payment for pack of cigarettes leads to Tesco paying 23,363 for unfair dismissal, NERA-National Employment Rights Authority, (2)The Minister may by regulations exempt from the application of, (3)An employer who, without reasonable cause, fails to comply with, (3)A decision of a rights commissioner under. Rights of young workers - Citizens Information Cookie notice. These regulations cover any retail trade or business, but does not include any premises uses as a hotel or the preparation of food including catering operations or licensed premises. This is known as. certain categories of civil protection services, Employment Regulation Order or Registered Employment Agreement, Section 13 of the European Union (Transparent and Predictable Working Conditions) Regulations 2022, Code of Practice for Sunday working in the Retail Trade, Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001, Working hours and rest breaks for young people, Send feedback about citizensinformation.ie. Heres a breakdown of one of the more common working scenarios: Where this gets complicated is if the employee works in a shop (either retail or wholesale). Introduction This page outlines some of the main pieces of employment legislation in Ireland. Are you an employer? you have an electronic record keeping system or; . You are entitled to take breaks while you are at work and have rest periods between working days or nights. If you have a question about this topic you can contact the Citizens Information Phone Service on 0818 07 4000 (Monday to Friday, 9am to 8pm). At 1.15pm when you have worked 6 hours you are entitled to take a break of 30 minutes. We use Google Analytics to measure how you use the website so we can improve it. This time limit can be extended by a further 6 months if there was a reasonable cause for the delay. The employer, Blue Line Coaches Limited, trading as Nolan Coaches, claimed the driver used a racial slur in describing a Chinese person as a fat Chinese c***. Organisation of Working Time Act 1997. Attention Employees-Have Your Employment Rights Been Infringed? You can find out more about the cookies we use in our It also sets out the responsibilities of companies who control and process your data. Section 16 of the Act gives additional protection to night workers. The requirement will depend on how long you have been working for your employer. Your employer must have your permission to make deductions from your wages, unless these deductions are covered by law (for example, PAYE, PRSI and USC). Some workers are not covered by the rules on breaks and rest periods. We have configured If you have an issue about breaks or rest periods, you should raise it with your employer first. Dismissal from your job 7. We use Google Analytics to measure how you use the website so we can improve it. Section 3 of the Act also states that it shall not apply to people working in sea fishing or a doctor in training or workers covered by a collective agreement or those working in exceptional circumstances or an emergency or a person who is employed by a relative and is a member of that relatives household or a person whose working hours are determined by him/herself. These contracts are contracts of employment with a difference-they do not have a specified hours of work but the employee must be available for work for a certain number of hours in a week or when required, or a combination of both. If you work for an employer for a regular wage or salary, you automatically have a contract of employment. The Employment (Miscellaneous) Provisions Act 2018 introduces a new right for employees whose contract of employment, or statement of terms of employment, does not reflect the reality of the hours they habitually work. loss of an important contract),c) emergency circumstances (e.g. Exceptions to the 48-hour work week The law on working time and rest periods does not apply to all employees. The Protection of Employment (Temporary Agency Work) Act 2012 provides that all temporary agency workers must be treated equally (as if they had been directly recruited by the hirer) in respect of the duration of working time, rest periods, night work, annual leave, public holidays and pay. You are an employee if you are hired under a contract of service. The Employment Equality Acts 19982015 ban discrimination in a range areas, including gender, civil status, family status, age, race, religion, disability, sexual orientation and membership of the Traveller community. Here is the decision of J. Edwards. a permanent contract). Section 12 states that an employee is entitled to a rest period of at least 15 minutes after working for 4.5 hours and a break of at least 30 minutes after working for 6 hours. You can change your cookie You can change your cookie A paid day off within a month of the public holiday, Have worked for your employer for at least 13 continuous weeks before you are sick. The employee is entitled to the same notice re overtime/additional hours that the employer requires the employee to work. Some minimum rates of pay are set for particular industries or sectors in Employment Regulation Orders (EROs), Registered Employment Agreements and Sectoral Employment Orders. The Parental Leave Acts 1998 -2019 provide for a period of unpaid parental leave for parents to care for their children. Under article 45 the State shall, in particular, direct its policy towards securing that the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs. And up to 2 years remuneration can be awarded in compensation to an employee for breaches of the Act. Section 17 of the Act provides that where an employee does not have normal or regular starting and finishing times of work the employer must give at least 24 hours notice of the relevant starting and finishing times. Working hours advice for Employeers, everything you need to know about your employees entitlements to working hours and breaks. Working time, rest periods, public holidays, and annual leave are all dealt with in Irish law in the Organisation of Working Time Act, 1997. An employee may request, in writing, to be placed in the relevant band of hours. Your complaint will be referred to either a mediation officer or an adjudicator. If this is the case, theyre entitled to an hour-long break if they work a shift longer than six hours and must work between the hours of 11.30 am and 2.30 pm They must take this one hour between those times. You must be given a written statement of core terms within 5 days of starting your job and you must be given the remaining terms of employment in writing within one month. The Workplace Relations Act 2015 established the Workplace Relations Commission (WRC), which replaced the Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, and National Employment Rights Authority. Privacy policy. preferences at any time by using the My cookie preferences link Rest breaks are popular among employees as it lets them socialise and catch up with their life outside of their job. The rules on breaks and rest periods do not apply to all employees. You should try to resolve the matter with your employer directly before referring a complaint to the WRC. And up to 2 years remuneration can be awarded in compensation to an employee for breaches of the Act. In general, your maximum average working week cannot be more than 48 hours. If you work on a low-hour contract of employment and you regularly work more hours than what your contract says, you can ask your employer to change the contract terms. If you work on Sundays, you are entitled to a benefit, such as extra pay. for all employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months. However, many employers do pay staff for this time. Section 27 of the Organisation of Working Time Act, 1997provides that up to 2 years remuneration can be awarded to the employee in compensation by the Rights Commissioner or the Labour Court on appeal: We always recommend, regardless of whether you are an employer or employee, that you consult with a legal professional for advice as the consequences of an error in this area can be very costly. You have the right to be treated equally regardless of: Discrimination on any of these nine specific grounds during the recruitment process or in the workplace is unlawful. If the complaint is upheld, the employer will be obliged to place the employee on the appropriate band of hours. Complete the form and an expert will call you. The Organisation of Working Time Act defines "Night Time"as the period between midnight and 7.00 a.m. next morning.