The employees normal working hours ought to be as per the Terms of Employment. However, the maximum number of hours that an employee should work in an average working week is 48 hours and the working week average should be calculated over a four-month period. Nevertheless, depending on the circumstances averaging may be balanced out over a 4, 6 or 12 month period. The 48 hour net maximum working week can be averaged according to the following rules:
- for employees generally - 4 months
- for employees where work is subject to seasonality, a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production - 6 months
- for all employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months.
Breaks
Employees are entitled to;
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 4½ hours have been worked A 30-minute break where more than 6 hours have been worked, which may include the first break
Night Work
“Night Time” is defined as the period between midnight and 7.00 a.m. next morning.
a “Night Worker” is an employee –
- who normally works at least 3 hours of his or her daily working time during night time, and
- the number of hours worked by whom during night time, in each year, equals or exceeds 50 % of the total number of hours worked by him or her during that year.
For night workers generally, the maximum night working time is 48 hours per week averaged over a 2 month period or a longer period specified in a collective agreement which must be approved by the Labour Court.
For night workers whose work involves special hazards or heavy physical or mental strain, there is an absolute limit of 8 hours in a 24 hour period during which they perform night work.
Banded Hours
Where an employee’s Terms of Employment/Contract of Employment do not accurately reflect the average hours per week that the employee actually works over a 12 month period the employee is entitled to a banded contract. There are 8 bands (A -to-H
The bands of hours set out in the 2018 Act are:
| Band | From | To |
|---|---|---|
| A | 3 hours or more | Less than 6 hours |
| B | 6 hours or more | Less than 11 hours |
| C | 11 hours or more | Less than 16 hours |
| D | 16 hours or more | Less than 21 hours |
| E | 21 hours or more | Less than 26 hours |
| F | 26 hours or more | Less than 31 hours |
| G | 31 hours or more | Less than 36 hours |
| H | 36 hours or more |
View and/or download the legislation here – Organisation of Working Time Act 1997
Should an employee wish to be placed on banded hours, the employee must apply to the employer in writing and the employer shall then decide which band of weekly hours apply to the employee. Once placed on a particular band the employee has the right to work an average of these hours for 12 months.
The banded hours provision shall not apply where an employer who has entered into a banded hour arrangement through an agreement by collective bargaining with their employees e.g. in the retail sector
You may also wish to click on the following link in our Codes of Practice section relating to the Code of Practice on Compensatory Rest Periods
Other relevant legislation includes – S.I. No. 57/1998 – Organisation of Working Time (Breaks At Work For Shop Employees) Regulations, 1998
Zero Hours Contracts
There is a ban on zero hours contracts.
However there are exceptions to the ban on zero hours contracts, the exceptions being, as follows:
- work of a casual nature
- work done in an emergency situation
- short term relief to cover routine absences
Minimum Payment
You must get a minimum payment if you get called in to work but then get sent home without having worked. The level of pay depends on whether you get some work or no work. Payment is calculated in accordance with statutory enactments, such as the Employment Regulations Order / The Employment (Miscellaneous Provisions) Act 2018
However, the circumstances pertaining to Minimum Payments are subject to the same exceptions as zero hours contracts above
If you are part time and also have a second job, you should be aware of the rules of the Working Time Regulations 1998.
TOIL
Where an employee is authorised to work additional hours to the employee’s contractual hours, time off in lieu (TOIL) will be allowed. All work carried on outside of normal contractual hours must be authorised in advance. Where TOIL is accrued, compensating time off should be taken as soon as possible in order to avoid build up.
TOIL accrued in the evening will be accrued at single time and TOIL accrued at weekends/ Public Holidays will be accrued at time and a half.