Organisation of Working Time
Related Legislation
L.N. 247 of 2003 – Organisation of Working Time Regulations
1. Is Shift work regulated?
The Organisation of Working Time Regulations, 2004, amongst other things, regulates shift work.
2. What is shift work?
Shift work means any method of organizing work in shifts whereby workers succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.
3. Who is a Shift worker?
A shift worker means any worker whose work schedule is part of shift work.
4. Does the law regulate rest periods?
The law does not stipulate the maximum duration of a shift. However it does regulate daily and weekly rest periods.
Daily rest period: Employees are entitled to 11 consecutive hours of rest per 24 hours.
Weekly rest periods: Every worker is entitled to a minimum uninterrupted weekly rest period of twenty-four hours, in addition to the daily rest period of eleven 11 hours, for each seven-day period which the worker works for the employer. This shall not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one.
Alternatively the weekly rest-period may be calculated over a fourteen-day reference period if the employer so determines and in such case, a worker shall be entitled to either:
- 2 uninterrupted rest periods each of not less than twenty-four hours, each preceded by a daily rest period, in each fourteen-day period during which the worker works for the employer or
- One uninterrupted period of not less than forty-eight hours, preceeded by a daily rest period, in each such fourteen-day period during which the worker works for the employer.
This shall not apply in relation to a shift worker when the worker changes shift and cannot take a weekly rest period between the end of one shift and the start of the next.
5. Is the break paid or unpaid?
The law does not specify that breaks have to be paid. Breaks are not considered to be working time and in the majority of cases are unpaid. Nevertheless there exist collective agreements where companies grant a paid break especially for night work.
6. Are shift employees entitled to different break times than non-shift workers?
The law stipulates clearly that employees who work for more than six consecutive hours are entitled to a minimum of fifteen minutes break, taken away from the work station, if possible. The law does not differentiate between shift and non-shift workers.
7. Can a company introduce or change shift patterns?
The law does not prohibit the employer from setting or changing shift patterns as long as they respect work time regulations. Nevertheless one has to ensure that in the employment contract the company has allowed for flexibility in determining the working times in accordance with the exigencies of the company. Companies covered by a collective agreement normally have clauses that specify that hours of work may only be changed after consultation or agreement with the union.
8. Does the law specify types of shift patterns that can be implemented?
The law does not specify types of shift patterns but stipulates clearly daily, weekly or fortnightly rest periods that have to be observed. Classical examples of shift patterns are as follows:
- On/off
- Day/night/rest/off…
- Day/day/night/rest/off
- Morning/afternoon/night/rest/off
- Morning/morning/morning/morning/morning/rest/off/afternoon/afternoon/afternoon/afternoon/afternoon/rest/off/night/night/night/night/night/rest/off….
- Split shift
9. Is everyone obliged to work shift patterns if requires?
If the shift pattern includes night work, then as a general rule, exceptions apply to pregnant employees and youths (under 18 years of age).
Pregnant employees may provide certification that for health and safety reasons they cannot work night shifts. In this case the company would be obliged to transfer the employee to day work. (Protection of Maternity (Employment) Regulations).
In the case of youths (under 18) they may work shift patterns, but not night work.
10. What is night work?
Night work is work carried out between 10pm and 6am.
11. Who is a night worker?
A night worker is an employee where either 3 hours per shift are carried out during the night or at least 50% of his total working time over a period of 52 weeks is carried out during the night.
12. Is there a limit to the number of night hours that can be assigned to an employee?
The employer shall ensure that no night worker whose work involves special hazards or heavy physical or mental strain shall work more than eight hours night work in any period of twenty-four hours.
13. Is there a difference between the maximum working hours of a regular worker and a shift worker?
With regards to the average number of hours to be worked per week, the Regulation makes no distinction between regular workers and shift workers. The most important thing to be kept in mind is the fact that employees cannot be forced to work more than an average of 48 hours per week, unwillingly. The Law is very clear in saying that ‘the average working time for each seven-day period of a worker, including overtime shall not exceed forty-eight hours.’
14. Does shift work automatically attract an allowance? If yes what’s the minimum?
The Employment and Industrial Relations Act does not regulate shift allowances. Nevertheless, there are Wage Council Wage Regulations Orders (WRO) which specify a shift or night allowance. Examples:
Clay and Glass Products Wage Council Order: whilst engaged on night shift duty (that is any period between 10.00pm and 6.00am) the hourly rate is one and one sixth times the actual ordinary rate payable to the employee.
Electronics Industry Wages Council Order: shift employees shall be paid a premium of €3.26 a week.
Hotels and Clubs Wages Council Order: Employees working on split shifts are entitled to 0.50cents per day worked on such system.
Textiles and Allied Industries Wages Council Order:
(i) Shift employees working on a three shift cycle and in consideration of the periods of night work on a three shift, an allowance shall be paid equivalent to one-tenth of the normal rate of basic remuneration. In the case of employees working a two-shift basis a shift allowance shall be paid equivalent to one twelfth of the normal rate of basic remuneration;
(ii) Unless every weekly night shift is followed by two consecutive weekly day shifts, further night shift or shifts shall entitle employees to an extra remuneration amounting to not less than one-fourth of the normal rate of pay.
Transport Equipment, Metal and Allied Industries: Premium of €2.33 a week for employees working morning/afternoon shifts whilst employees working night shifts shall be payable at time and a quarter the normal rate that is (x 1.25).
