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Organisation of Working Time Act, 1997

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Number 20 of 1997


ORGANISATION OF WORKING TIME ACT, 1997


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Non-application of Act or provisions thereof.

4.

Exemptions.

5.

Employer relieved from complying with certain provisions in certain circumstances.

6.

Compensatory rest periods.

7.

Regulations and orders.

8.

Inspectors.

9.

Repeals.

10.

Expenses.

PART II

Minimum Rest Periods and other matters relating to Working Time

11.

Daily rest period.

12.

Rests and intervals at work.

13.

Weekly rest periods.

14.

Sunday work: supplemental provisions.

15.

Weekly working hours.

16.

Nightly working hours.

17.

Provision of information in relation to working time.

18.

Provision in relation to zero hours working practices.

PART III

Holidays

19.

Entitlement to annual leave.

20.

Times and pay for annual leave.

21.

Entitlement in respect of public holidays.

22.

Public holidays: supplemental provisions.

23.

Compensation on cesser of employment.

PART IV

Miscellaneous

24.

Approval of collective agreements by Labour Court.

25.

Records.

26.

Refusal by an employee to co-operate with employer in breaching Act.

27.

Complaints to rights commissioner.

28.

Appeals from and enforcement of recommendations of rights commissioner.

29.

Enforcement of determinations of Labour Court.

30.

Evidence of failure to attend before or give evidence or produce documents to Labour Court.

31.

References to rights commissioner by Minister.

32.

Provisions in relation to outworkers who are employees.

33.

Prohibition on double employment.

34.

Penalties, proceedings, etc.

35.

Codes of practice.

36.

Provisions in relation to Protection of Young Persons (Employment) Act, 1996.

37.

Voidance of certain provisions.

38.

Amendment of section 51 of Safety, Health and Welfare at Work Act, 1989.

39.

Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.

40.

Alternative means of claiming relief in cases of non-compliance with Part III.

41.

Increase of penalties under certain enactments.

FIRST SCHEDULE

Transitional Provisions in relation to Annual Leave Entitlements

SECOND SCHEDULE

Public Holidays

THIRD SCHEDULE

Entitlement under section 21 in respect of Public Holidays:

Exceptions

FOURTH SCHEDULE

Enactments Repealed

FIFTH SCHEDULE

Transitional Provisions in relation to section 15 (1)

SIXTH SCHEDULE

Text of Council Directive


Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Civil Service Regulation Act, 1956

1956, No. 46

Conditions of Employment Act, 1936

1936, No. 2

Conditions of Employment Act, 1944

1944, No. 12

Courts Act, 1981

1981, No. 11

Dangerous Substances Act, 1972

1972, No. 10

Employment Agency Act, 1971

1971, No. 27

Holidays (Employees) Acts, 1973 and 1991

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1990

1990, No. 19

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Night Work (Bakeries) Act, 1936

1936, No. 42

Night Work (Bakeries) (Amendment) Act, 1981

1981, No. 6

Payment of Wages Act, 1991

1991, No. 25

Petty Sessions (Ireland) Act, 1851

1851, c.93

Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991

Protection of Young Persons (Employment) Act, 1996

1996, No. 16

Redundancy Payments Acts, 1967 to 1991

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

Safety, Health and Welfare (Offshore Installations) Act, 1987

1987, No. 18

Shops (Conditions of Employment) Act, 1938

1938, No. 4

Shops (Conditions of Employment) (Amendment) Act, 1942

1942, No. 2

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Terms of Employment (Information) Act, 1994

1994, No. 5

Trade Union Act, 1941

1941, No. 22

Unfair Dismissals Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5

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Number 20 of 1997


ORGANISATION OF WORKING TIME ACT, 1997


AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 93/104/EC OF 23 NOVEMBER 1993 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING CERTAIN ASPECTS OF THE ORGANIZATION OF WORKING TIME, TO MAKE PROVISION OTHERWISE IN RELATION TO THE CONDITIONS OF EMPLOYMENT OF EMPLOYEES AND THE PROTECTION OF THE HEALTH AND SAFETY OF EMPLOYEES, TO AMEND CERTAIN ENACTMENTS RELATING TO EMPLOYEES, TO REPEAL THE CONDITIONS OF EMPLOYMENT ACTS, 1936 AND 1944, THE HOLIDAYS (EMPLOYEES) ACTS, 1973 AND 1991, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [7th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: