Compensation and Working Time
Overtime Compensation
The maximum average weekly working hours (including overtime) over a 4-month period cannot exceed 48 hours. The employer shall notify the employee at least 24 hours in advance of the times at which the employee will be required to start and finish working each day, or on which days the employee is required to work additional hours. Relevant provisions on overtime rates have not been identified in Irish legislation. The normal weekly working hours and maximum overtime hours have not been clearly identified in Irish legislation and are determined through collective agreements. The 48-hour limit is averaged over a reference period of not more than 4 months. The reference period can be extended to 6 months for certain specified activities (e.g. surveillance, hospitals, electricity/gas, airports/docks, and tourism industry-related businesses) and to 12 months if there is an agreement between employer and employee and such agreement has been approved by the Labour Court. The overtime compensation is not clearly identified in legislation.
The 48-hour limit can be exceeded in exceptional circumstances or in emergencies beyond the employer’s control. The employer must also ensure that work takes place within the “reference hours and days that have been given to the employee in their written terms. If the employer does not respect these rules, the employee (other than certain Defence Forces staff) has a right to refuse work during those reference hours and days without adverse consequences.
Employment (Miscellaneous Provisions) Act 2018 makes amendments in the Organisation of Working Time Act and prohibits zero-hour contracts except in very limited circumstances. For example, when there is a genuine short-term casual employment requirement (to cover an absent worker) or the need to provide cover in emergency situations.
Source: § 4(5), 5, 15(1) and 18 of the Organization of Working Time Act; Employment (Miscellaneous Provisions) Act 2018
Night Work Compensation
Work performed between midnight and 07 a.m. of the following day is considered night work. A night worker (a worker normally working at least 3 hours of the daily working time between midnight and 7 a.m.) shall not work for more than 8 hours for work involving special hazards or a heavy physical or mental strain. For all other night workers, 8 hours on average over a reference period are foreseen (2 months or a longer period if provided under a collective agreement). Normal salary is paid for night work, as no statutory night work-related salary benefits are identified.
Source: §16 of the Organisation of Working Time Act
Compensatory Holidays / Rest Days
An employee who is required to work on a Sunday in general shall be compensated by the employer for being required to work by the following means, namely—
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by the payment to the employee of an allowance of such an amount as is reasonable, having regard to all the circumstances, or
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by otherwise increasing the employee’s rate of pay by such an amount as is reasonable, having regard to all the circumstances, or
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by granting the employee such paid time off from work as is reasonable, having regard to all the circumstances, or
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by a combination of two or more of the means referred to in the preceding paragraphs.
The employees who qualify for public holidays are entitled to:
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A paid day off on the public holiday, or
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An additional day of annual leave, or
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An additional day’s pay, or
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A paid day off within a month of the public holiday
If an employee is required to work on a public holiday, the employee is entitled to an additional day’s pay for the public holiday (or to a paid day off within a month of the public holiday or to an additional day of annual leave).
Source: §14(1) and § 21 of the Organization of Working Time Act
Weekend / Public Holiday Work Compensation
According to the Organisation of Working Time Act S.14(1), an employee who works on Sunday either gets allowance or paid time off from work or a combination of the two. However, the law does not clearly provide the percentage of this allowance, which seems to be determined under a collective agreement. In §21 of the same Act, there is a provision of allowances or payment at premier rates for workers employed on public holidays, but the employer has the choice to give an additional day of annual leave, an additional day's pay or a paid day off within the month of the public holiday.
Regulations on Compensation
- Organisation of Working Time Act, No. 20 of 1997, last amended 2003
- Payment of Wages Act, 1991
- Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997, S.I. No. 475/1997
Overtime Compensation
The maximum average weekly working hours (including overtime) over a 4-month period cannot exceed 48 hours. The employer shall notify the employee at least 24 hours in advance of the times at which the employee will be required to start and finish working each day, or on which days the employee is required to work additional hours. Relevant provisions on overtime rates have not been identified in Irish legislation. The normal weekly working hours and maximum overtime hours have not been clearly identified in Irish legislation and are determined through collective agreements. The 48-hour limit is averaged over a reference period of not more than 4 months. The reference period can be extended to 6 months for certain specified activities (e.g. surveillance, hospitals, electricity/gas, airports/docks, and tourism industry-related businesses) and to 12 months if there is an agreement between employer and employee and such agreement has been approved by the Labour Court. The overtime compensation is not clearly identified in legislation.
The 48-hour limit can be exceeded in exceptional circumstances or in emergencies beyond the employer’s control. The employer must also ensure that work takes place within the “reference hours and days that have been given to the employee in their written terms. If the employer does not respect these rules, the employee (other than certain Defence Forces staff) has a right to refuse work during those reference hours and days without adverse consequences.
Employment (Miscellaneous Provisions) Act 2018 makes amendments in the Organisation of Working Time Act and prohibits zero-hour contracts except in very limited circumstances. For example, when there is a genuine short-term casual employment requirement (to cover an absent worker) or the need to provide cover in emergency situations.
Source: § 4(5), 5, 15(1) and 18 of the Organization of Working Time Act; Employment (Miscellaneous Provisions) Act 2018
Night Work Compensation
Work performed between midnight and 07 a.m. of the following day is considered night work. A night worker (a worker normally working at least 3 hours of the daily working time between midnight and 7 a.m.) shall not work for more than 8 hours for work involving special hazards or a heavy physical or mental strain. For all other night workers, 8 hours on average over a reference period are foreseen (2 months or a longer period if provided under a collective agreement). Normal salary is paid for night work, as no statutory night work-related salary benefits are identified.
Source: §16 of the Organisation of Working Time Act
Compensatory Holidays / Rest Days
An employee who is required to work on a Sunday in general shall be compensated by the employer for being required to work by the following means, namely—
-
by the payment to the employee of an allowance of such an amount as is reasonable, having regard to all the circumstances, or
-
by otherwise increasing the employee’s rate of pay by such an amount as is reasonable, having regard to all the circumstances, or
-
by granting the employee such paid time off from work as is reasonable, having regard to all the circumstances, or
-
by a combination of two or more of the means referred to in the preceding paragraphs.
The employees who qualify for public holidays are entitled to:
-
A paid day off on the public holiday, or
-
An additional day of annual leave, or
-
An additional day’s pay, or
-
A paid day off within a month of the public holiday
If an employee is required to work on a public holiday, the employee is entitled to an additional day’s pay for the public holiday (or to a paid day off within a month of the public holiday or to an additional day of annual leave).
Source: §14(1) and § 21 of the Organization of Working Time Act
Weekend / Public Holiday Work Compensation
According to the Organisation of Working Time Act S.14(1), an employee who works on Sunday either gets allowance or paid time off from work or a combination of the two. However, the law does not clearly provide the percentage of this allowance, which seems to be determined under a collective agreement. In §21 of the same Act, there is a provision of allowances or payment at premier rates for workers employed on public holidays, but the employer has the choice to give an additional day of annual leave, an additional day's pay or a paid day off within the month of the public holiday.
Regulations on Compensation
- Organisation of Working Time Act, No. 20 of 1997, last amended 2003
- Payment of Wages Act, 1991
- Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997, S.I. No. 475/1997
