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 with at least 24 hours in advanced the times at which the employee will be required to start and finish working in each day, or on which days is required to work additional hours. Relevant provisions on overtime rates have been not 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, 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.
Employment (Miscellaneous Provisions) Act 2018 makes amendment in the Organization of Working Time Act and prohibits zero hours 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.
Sources: § 4(5), 5, 15(1) and 18 of the Organization of Working Time Act
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 7a.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 statuary night work related salary benefits are identified.
(Organization of Working Time Act S.16)
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 so to work by the following means, namely—
(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or
(b) by otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances, or
(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or
(d) 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 the 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).
(Organization of Working Time Act §14(1) and § 21)
Weekend / Public Holiday Work Compensation
According to Organization of Working Time Act S.14(1) an employee who work on Sunday either get allowance or a paid time off from work or the combination of two. However, law does not clearly provide the percentage of this allowance which seems to be determined under a collective agreement. In §21 of same Act there is provision of allowances or payment at premier rates for workers employed on public holidays but employer has the choice to give an additional day of annual leave or an additional day's pay or paid day off within month of 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
