The daily rest period law in Ireland is an important piece of employment law legislation. It serves to protect workers’ health and well-being by ensuring that workers are to receive adequate rest between work shifts. The Organisation of Working Time Act 1997 (as amended) (the ‘Act’) primarily governs these Employer obligations.
This Act outlines the minimum rest periods that employers must provide for their employees. Employers must understand and adhere to these regulations to avoid legal repercussions and foster a healthy work environment.
Sherwin O’Riordan LLP advise employers in all sectors on compliance with the Act.
The Organisation of Working Time Act 1997 (as amended) governs daily rest periods in Ireland. This Act implements the European Union’s Working Time Directive (2003/88/EC) at a national level. It specifies the minimum daily rest period that employers must provide to their employees. The Act grants employees a minimum daily rest period of 11 consecutive hours within any 24-hour period.
This means that employers must ensure every 24-hour period includes at least 11 hours of uninterrupted rest for each employee. While some exceptions exist for specific sectors or types of work, these exceptions are generally subject to strict conditions, which still require employers to provide adequate rest. The rationale behind this daily rest period is to allow employees to recover from the physical and mental demands of their work, helping to reduce fatigue and the possible risk of accidents or health problems.
In addition to daily and weekly rest periods, employees are entitled to breaks during their working day. The Act specifies the following:
The break should not be at the end of the working day.
A relevant case illustrating a breach of the Organisation of Working Time Act is Mark Alcock v Knights Tower Trading (ADJ-00049112). In this case, the employer, Knights Tower Trading, was found to be in breach of the Act for failing to provide the required daily rest periods to Mr. Alcock.
The details of the case, as reported by the Workplace Relations Commission (WRC), revealed that Mr. Alcock was regularly working shifts that did not allow for the minimum 11 consecutive hours of rest between shifts. The WRC found in favour of Mr. Alcock, ordering the employer to compensate him for the breaches.
This case highlights the importance of employers meticulously tracking and managing employee working hours to ensure compliance with the daily rest requirements. The WRC’s decision underscores the legal consequences of failing to adhere to the Organisation of Working Time Act and the importance of proper rostering and time management practices.
The Decision in Mark Alcock v Knights Tower Trading (ADJ-00049112)
Under Section 41 of the Workplace Relations Act 2015 the decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act were made.
Against a respondent, each concerning a breach of the complainant’s statutory rights related to weekly rest periods, weekly working hours, and daily rest periods, respectively. The findings for each complaint are that they are well-founded. The respondent was ordered to pay compensation for each breach: €5,833.33 for the weekly rest period violation, €23,333.33 for the weekly working hours violation, and €5,833.33 for the daily rest period violation. The total compensation awarded is €34,999.99.
The enforcement of the Organisation of Working Time Act falls under the remit of the Workplace Relations Commission (WRC). The WRC has the authority to investigate complaints, conduct inspections, and take enforcement action against employers found to be in breach of the Act. Penalties for non-compliance can include financial fines and, in some cases, criminal prosecution. Employees who believe their employer is not complying with the daily rest requirements can lodge a complaint with the WRC. The WRC will then investigate the complaint and, if a breach is found, may issue an improvement notice or take further action.
The 11-hour daily rest period serves as a general rule, but exceptions and special circumstances may permit alternative arrangements. These exceptions often relate to the nature of the work or the specific industry.
Some workers qualify for exemptions from the standard rules, including:
If emergencies, unforeseen events, or collective agreements prevent standard rest periods, employers usually require compensatory rest. This means that the employee should receive an equivalent rest period as soon as possible after the missed time.
As an Employer you must ensure that your employees receive required daily rest periods. You need to implement systems to monitor and record working hours and breaks. They must keep detailed records of daily and weekly hours, as well as leave granted, for at least three years. Failure to comply can result in penalties, including fines. Employers can use forms like OWT1 to meet their record-keeping requirements.
If you need assistance with any part of this, please contact us at Sherwin O’Riordan LLP.
Non-compliance can lead to legal issues, prosecution, and reputational damage as can be seen in the Mark Alcock v Knights Tower Trading (ADJ-00049112) case.
As an Employer, you need to understand your obligations under the Organisation of Working Time Act 1997 and ensure compliance. By adhering to these regulations, you will not only create a safer, healthier, and more productive workplace but also ensure you do not fall foul of the Act and the penalties and awards that can arise as a result.
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