Oftentimes, businesses can be unsure how many hours there are om a working week, or how many hours an employee should work before taking a rest break. We understand that the day-to-day business matters can be overwhelming; for that reason, our HR Advisors explain in a simple guide how the Organisation of Working Time Act 1997 is applied in practice.

Working Hours

According to the Workplace Relations Commission (WRC), an employee can work an average maximum of 48 hours per week over a period of four months. These exceptions can be calculated as follows:

• For most employees over four months
• For employees where work is subject to seasonality, or where employees are directly involved in ensuring continuity of service or production, this average can be applied over a six-month period. Such sectors include hospitals, airports, supermarkets worker etc.
• Over a 12-month period for employees who have an agreement with their Employers which is pre-approved by the Labour Court.
• Breaks

Under employment law in Ireland, all employees have the right to a break. Your employees need to have some time to rest, eat and socialize with their colleagues. There is much misunderstanding regarding break times amongst Employers and employees, which can lead to substantial HR issues for businesses. So, how many hours can employees work before being entitled to a break?

• A 15-minute break after 4½ hours worked
• A 30-minute break after 6 hours worked, which may include the first break
• A 45-minute break after 10½ hours
• A 1-hour break after 12 hours worked

It is important to remember that Employers are not statutorily obligated to pay for Breaks.

Example: “Employee A” starts his or her shift at 9 am; It means that “Employee A” has the right of a 15m break at 1:30 pm. If “Employee A” works a shift longer than 6 hours this break must be 30m long.

Rest Period Entitlements

In line with the Organisation of Working Time Act 1997, an employee is entitled to a rest period of not less than 11 consecutive hours in a 24-hour working period. During a 7-day working period, your employee must have at least one 24-hour rest period, followed up by 11 hours rest period from the last day worked.

Example: “Employee B” finished his or her shift on a Friday at 5 pm, that means that “Employee B” should have a rest period until minimum Sunday morning (35 hours), then he or she can start a new shift.

For the Night Workers

According to the Organisation of Working Time Act 1997, the Night-Time refers to the period between midnight and 7.00 a.m. the next morning. If at least 3-hours of the scheduled shift occurs during night-time and 50% of their scheduled time each year, then the worker is a night worker. Night workers cannot work more than 48 hours per week, averaged over a 2-month period – instead of the standard 4-month period. If the job involves special hazards, such as mental or physical strain, they cannot work more than 8 hours in a 24-hour period.