Working Time

Basic information on working time and breaks

  • The average working hours in 4 months must not exceed 48 hours (separate regulations apply, among others, to doctors and transport workers - drivers). In other words, the total hours of 18 working weeks divided by 18 cannot exceed 48 hours.
  • 11 hours of break every day (namely 11 hours off every 24 hours).
  • 24 hours off in each 7-day period (or two 24-hour breaks every two weeks).
  • 15 minutes break after 4.5 hours of work and 30 minutes after 6 hours of work. Irish law does not provide for paid breaks (unless your contract of employment states otherwise). In addition, retail workers are entitled to one-hour break if their working day includes hours between 11.30am and 2.30pm.

Zero Hours

Employees with so-called zero-hours contracts are individuals available to their employer, whose working hours have not been specified in the employment contract (terms and conditions).

The Organisation of Working Time Act 1997 (OWTA) was amended to prohibit zero-hour contracts, except in the following circumstances:

  • where the work is of a casual nature
  • where the work is done in emergency circumstances
  • short-term relief work to cover routine absences for the employer.

Employees on contracts with unspecified working hours are entitled to:

  • compensation if they have worked less than 25% of their potential hours in the week
  • request in writing from the employer, after completing a minimum of 12 months' work for the employer, to determine the working hours on the basis of the weekly average hours over this period. This will become the weekly, contractual, working time.

Claiming your rights

Employees have the right to submit a complaint under a number of employment acts regarding contracts of employment, remuneration, breaches of working time regulations, etc. The basic time limit for submitting a complaint to the WRC - Workplace Relations Commission is 6 months. It is not true that claims can wait until the end of employment contract (in such a case the complaint can cover the last 6 months of the employment). It is possible to extend the time limit for a complaint to 12 months - but certain conditions must be complied with. Ignorance of the law or the language barrier are not considered to be grounds for applying for an extension of the complaint time limit.

In cases of breaches of the Working Hours Act, the WRC (Adjudicator) has the right to grant compensation of up to the amount of the employee's two-year salary.

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    Phone: 1 878 0040
    Email: info@hbsolicitors.ie

     

    List of sample cases, where Krystian Boino represented our office clients before labour courts:

    Redundancy

    Shop Assistant-v- Shop decision nr ADJ-00014634

    Agency employee redundancy

    An Agency Worker An Agency Worker provider, WRC decision nr ADJ-00015084

    Redundancy after lay-off period

    Crèche Assistant Manager v A Crèche, decision nr ADJ-00013421

    Proper introduction of layoff, redundancy claim

    G4S SECURE SOLUTIONS (IRELAND) LTD - AND - KRZYSZTOF STANEK; Labour Court case no.: RPD186

    Working time complaint

    Pracownik -v- G4S SECURE SOLUTIONS (IRE) LTD; Labour Court case nr: DWT1832

    Industrial Relations Act complaint

    Pracownik -v- Firma Ochroniarska; Labour Court case no.: LCR21859

    Pregnancy discrimination

    CLELANDS SUPERMARKETS LTD -v- Employee  Labour Court decision no. EDA1735

    Discriminatory dismissal during sick leave 

    Maciej Czajka -v- Musgrave Retail Partners Ireland Ltd; decision no. DEC-E2017-084

    Discrimination- dismissal of pregnant employee

    Employee- v- WRIGHTS OF HOWTH SEAFOOD BARS LIMITED; Labour Court decision no: EDA1728

    Redundancy- alleged transfer of undertakings (one of 49 cases)

    Employee -v- Nine One One Retail Limited (In Liquidation), Employment Appeals Tribunal decision no.: RP328/2014

    Pregnancy discrimination- reduction of working hours

    A Female Worker -V- A Retail Multiple Adjudicator/Equality Officer decision no. DEC-E2016-064

    Hourly rate- agency workers

    Employees-v- NOEL RECRUITMENT CITI NORTH LIMITED; Labour Court decision no.: AWD1517

    Pregnant employee dismissal

    Employee-v- ROTTAPHARM LTD; Labour Court decision no: EDA159

    Discrimination- dismissal 

    Employee-v- Employer; Labour Court decyzja nr EDA1314