okay in this video I'm going to take a look at working time and rest periods in
Irish law I'm just going to set out the essentials the relevant legislation is
the organization of Washington March 1997 firstly as I said the legislation
is the organization of working time Act 1997 and this Act will define working
time and rest periods and so on it also states the category of worker that the
Act does not apply to for example Guardi members of Defense Forces and
there are certain challenges of workers who are also exempt from the legislation
so section 11 gives the daily rest period and the daily rest period
basically states that an employee shall be entitled to a rest period of not less
than 11 consecutive hours in each period of 24 hours during which he or she works
for the employer section 12 then sets out the rests and the intervals at work
so an employer shall not require an employee to work for a period of more
than four hours and 30 minutes without allowing him or her a break of at least
15 minutes in addition an employer shall not require the employee to walk for a
period of more than six hours without allowing him or her a bridge of at least
30 minutes and that break may include the area break referred to the 15-minute
bridge there's also regulations dealing with certain specified classes of
workers for example retail workers and the regulations concerning that would
have a look at that just in a minute and it's worth noting as well there a break
allowed to an employee at the end of the working day or at the end of a shift
shall not be regarded as satisfying the requirement the legislative or statutory
entitlement so a break at the end of the day does not suffice weekly recipes than
are set out in section 13 an enticement to at least 24 hours consecutive hours
of a break in each period of seven days or the employer can choose to have to
rest periods each of which must be for at least 24 consecutive hours during a
second seven days period so this rest period must be preceded by a section 11
rescued the section 11 rest period remember is 11 consecutive hours in each
consecutive or 1/8 period of 24 hour so unless the employment contract
provides other ways to 24 hours rest period shall be a Sunday or it's a rest
period of more than 24 hours duration shall include a Sunday however a lot of
contracts will stipulate that you're working which will include a Sunday so
you know that may not apply section 610 sets out a provision in relation to
compensate or rest periods there are exemptions provided for certain
workplaces and industries for example in particular circumstances an employer can
give compensated rest periods where it's not possible for the employee to get his
or her statutory entitlement in the normal course of events retail shop
workers then have particular regulations the basis or the one of the features of
this these regulations for retail shop employees is that if your hours of work
include the errors of 11:30 a.m. to 2:30 p.m. and you work for more than six
hours then the minimum break that you're entitled to is one hour and this one
hour break should take place between these hours mentioned and cannot be
granted at the end of the working day section 14 then deals with Sunday work
so section 14 provides for compensation for employees who are required to work
on a Sunday where this has not otherwise been taken account of in deciding pay
this is an entitlement to a Sunday premium quite what the extent of the
premium is decided on individual cases sports you are entitled to a premium by
law for working on a Sunday what does it say
different cases have been decided by the workplace relations mission the
employment Appeals Tribunal labor court as to the extent of the premium and it
may well be a situation where you may be only entitled to say 10 or 20 cents per
hour extra for working on a Sunday and the employer probably will argue that
whatever rate of pay you're getting it is included or it includes rather a
premium for working on Sunday weekly rocking hours that an employee cannot
work in excess of 48 hours in the week the average is taken over two to twelve
month period depending on the industry and depending on whether you are a night
worker or not there's additional protection for night workers employers
cannot oblige a night worker to work over eight hours
24-hour period and that worker is a worker who works at least three hours
post midnight as Network is considered to be from midnight to 7:00 a.m.
section 17 then gives an entitlement to information about your working time
where an employee does not have a normal irregular starting and finish time at
work for example if you don't work 9:00 to 5:00 then the employer must give at
least 24 hours notice of the relevant starting and finishing times and the
employee is entitled to the same notice in respect of overtime or additional
hours that the employer may require the employee to work and it's a breach of
this act if that information is not provided when it comes to enforcing
rights and remedies and so on complaints to the workplace relations commission
must be brought within six months of the breach 12 months if reasonable cause can
be shown it's up to the judiciary to decide on what is reasonable cause but
clearly if you as an employee are out of time or you're in excess of the six
months period then you will need to put fold reasons which will give the Julie
cater the opportunity to say okay I'm accepting that the reasonable cause for
the late submission did you Decatur County ward up to two
years remuneration for breaches of this Act or the maturity area can find out
the complaint was not well founders or can require the employer to simply
comply with the relevant provision of the legislation I hope you find this
video useful if you do give it a thumbs up down below and you see my contact
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subscribing to my youtube channel because on my youtube channel I try to
explain in plain English various aspects of Eric's law and all aspects of Eric's
law would include employment by property buying and selling houses
general sort of litigation personal injuries small business and so on and so
forth thanks for watching