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Employment Claims Working Time/Rest Periods

7 Employment Claims in Relation to Hours of Work You Should Know About

hours of work

There are 7 employment related claims which an employee can bring to the Workplace Relations Commission (WRC) in relation to hours of work.

They are all breaches of the Organisation of Working Time Act, 1997.

  1. I do not get my daily rest period

Section 11 of the Organisation of Working Time Act, 1997 prescribes that you are entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours.

  1. I do not get breaks

Section 12 of the Organisation of Working Time Act, 1997 sets out your rest period entitlements (15 minutes every 4 hours and 30 minutes worked, 30 minutes for every 6 hours worked).

  1. I do not get a weekly rest period

Section 13 of the Organisation of Working Time Act, 1997 states that to a rest period of at least 24 consecutive hours in each period of 7 days.

  1. I have to work more than the maximum permitted hours

Section 15 of the Act provides that you should not be required to work more than an average of 48 hours in each 7 day period. The reference period for calculating the average is either 4 months for most employees, although there are exceptions.

  1. I do not receive my annual leave entitlements

Section 19 and 20 of the Organisation of Working Time Act, 1997 sets out your minimum entitlements. All employees-casual, part time, full time, temporary-are entitled to annual leave. This will generally depend on the time worked.

  1. I have not received my public holiday entitlements

Section 21 and 22 of the Organisation of Working Time Act, 1997 provides your entitlements. These are either a paid day off on the holiday or a paid day off within a month or an extra day’s annual leave or an extra day’s pay.

  1. I work excessive night hours

Section 16(2) of the Organisation of Working Time Act, 1997 provides that an employee should not work more than 8 hours, or an average of 8 hours over a 2-month period, in any period of 24 hours. There are specific rules for mobile and road transport workers set out in statutory instrument 36 of 2012, European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012. Road transport workers who work at night shall not exceed 10 hours in a 24-hour period.

You may also be interested in 12 Pay Related Employment Claims Employers and Employees Should Know About.