Under the Organisation of Working Time Act, 1997, an employer has an obligation to provide an employee with the appropriate rest periods each day and week. The act sets out the statutory rights for employees in respect of rest, maximum working time and holidays.
Some of the main points of the Organisation of Working Time Act are
- A maximum average working week of 48 hours;
- 11 hours daily rest for per 24 hour period;
- One period of 24 hours rest per week, preceded by a daily rest period (11 hours); and
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Rest Periods;
- 15 minutes rest where more than a four and a half hours have been worked;
- 30 minutes rest where six hours or more have been worked, which can include the first break; and
- Shop employees who work more than 6 hours and whose hours of work include 11.30am-2.30pm must after six hours work be allowed a break of one hour which must commence between the hours of 11.30 am – 2.30 pm.
Under the Act it is also a requirement that an employer retain records for up to three years, that these records be available for inspection by Labour Inspectors of the Departments of Jobs, Enterprise and Innovation, and also be maintained to show as evidence in the event of a Rights Commissioner or Labour Court Investigation.
Many employers will be aware of NERAs inspectorate service, where a Labour Inspector can arrive to an employer’s premises and request that their records be viewed. In the event of inadequate records a fine of up to €1904.61 (£1,500) may be handed down.
In an effort to assist businesses with this record keeping, Peninsula Business Services have made available to clients, an Organisation of Working time Act Form (Form OWT1) which can help an employer comply with their obligations under the Act.
The form OWT1 is used to monitor breaks and rest periods of employees on a daily and weekly basis. It requires that employees will sign in and out at the beginning and end of each day and also will sign in and out for breaks. This will allow the employer to monitor and record the rest periods and working hours to ensure all employees are receiving their minimum rest periods for the hours they are working. The form will also record information such as the employees PAYE number, PPS number and requires their signature to confirm the information.
It should be noted however that whilst an employer is reliant upon the employees to record their times accurately, it is ultimately the employer’s responsibility to ensure that staff sign and record these breaks each day. If it is found the employees are not receiving their correct entitlements it would be the employer who is held responsible, and face a fine.
If you have any concerns with regards to the Organisation of Working Time Act, 1997 please contact our 24 hour Advice Service on 01 855 5050 where one of our dedicated advisors can advise you on this process. If you wish to receive any of the Stationary that is made available to clients you can do so by downloading them from your BusinessWise account or by contacting us on 01 855 4861
