okay in this video I want to take a look at seven employment claims that you can
bring to the WRC the workplace relations commission in relation two hours of work
and all of these claims are covered by the organization of working time Act
1997 I'm Teri Garr yo and solicitor in enfield and we'll have a look at them
though the first one has to do with the daily rest period you are entitled to a
rest period of not less than eleven consecutive hours in each period of 24
hours this is set out in section 11 of the organization of working time Act
1997 bricks then is the second heading section 12 of the Act sets out your rest
period and title ins so it's 15 minutes every four hours and 30 minutes worked
or around 30 minutes for every six hours worked and there's a next bit there or a
bit of a slight differentiation for retail workers the third heading is the
weekly recipe section 13 of the Act states that you are entitled to a rest
period of at least 24 consecutive hours in each period of seven days the fourth
category is to do with the maximum permitted hours worked section 15 states
that you should not be required to work more than an average of 48 hours in each
seven-day period this average is calculated well it may be calculated
over four months it may be calculated over six months it might depend or will
depend on the particular circumstances and the particular industry but you do
need to double-check that before you bring a claim in relation to any of
these claims that there isn't an exception or an exemption and that
you're calculating correctly your rest period or your maximum working hours and
so on the fifth heading for claims under the organization of rockin time act to
the workplace relations commission has to do with annual leave the Act sets out
your minimum and title generally it's for working weeks in the
year if you're a full-time employee if you're a part-time employee Jen
generally it's eight percent of the hours you work in a live year now
there's a number of different calculations that he's required to be
done by the employer and whichever calculation gives you the best outcome
the most leaves is one that you should be entitled to to both of your part time
generally it's eight percent of the hours that you've worked and if you're
full time it's for working weeks the six heading then is in relation to public
holiday entitlements these entitlements are set out in the act in section 21 and
22 you're entitled to either a paid day off on the holiday or a paid day off
within a month or an extra days annual leave or an extra days PE again the
calculations here can be a little bit complex a little bit tricky because it
will depend on whether you would normally be expected to work on the
public holiday or not so you need just to get into greater detail there all of
the informations are giving you in this video is set out on my website
employment rates Ireland calm employment rights Ireland calm you go through our
website and you stick in a search for how to calculate and you leave then all
of this information is set out there and it sets out exactly how public holiday
entitlements and annually and so on is calculated and the rate at which you
should be paid etc etc the sixth broad category down of claims under the Act to
WRC it's for excessive nighters the Act provides that an employee should not
work more than eight hours or an average way house over a two-month period in any
period of 24 hours and then there are specific rules slightly different rules
for mobile and Road Transport Workers again have a look on my website because
I have links to the various statutory instruments and EU directives which deal
with the exceptions and exemptions again let me reiterate a word of warning
through our exemptions and our exemptions for
each of the foregoing categories so before you bring any claim to the WRC
get advice to ensure that you have actually a claim and that your rights
are actually being breached you may not need to bring a claim in any event if
you point out your employer what problem is and that you suspect that you're not
getting what you're entitled to then it may well be the case that he or she will
remedies and you may not need to bring a claim my name is Terra gory I'm a
solicitor in enfield I hope you find this video useful if you do you might
just give us the thumbs up down below if you're watching on YouTube or Facebook
and I have a youtube channel that you might be interested in subscribing to it
has a lot of videos on earth all about doing business in Ireland about
employment law essentially about business and law in Ireland and there's
various playlists covering anything from small business to employment law to
criminal law to road traffic to residential property to will's the
personal injuries and so on so have a look on at my youtube channel thanks for
watching