EMPLOYMENT LAW FACT SHEET
MAXIMUM WORKING WEEK AND REST BREAK ENTITLEMENTS
The Organisation of Working Time Act 1997 sets out statutory rights for employees in respect
of maximum working time and rest break entitlements.
Under the Act the average Maximum Working Week is limited to a 48 hour week. This does
not mean that a working week can never exceed 48 hours but that the average over a
particular duration cannot exceed 48 hours. Employees in the hotel sector may avail of a 6
month average. The Act states ‘over 6 months for employees working in the security industry,
hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses
which have peak periods at certain times of the year such as tourism.’
Rest breaks
15 Minutes
30 Minutes
Hours worked
4.5 hours
6 hours
Daily Rest Period - *11 consecutive hours within every 24 hours
*The Act provides that this (daily rest break) rest period may be varied in certain
circumstances (Section 6(2). Where this variation is availed of an 8 hour consecutive rest is
acceptable provided that that the employee is provided with compensatory rest. An
employer availing of the variation in rest breaks must ensure that health & safety
requirements are sufficient in the circumstances pertaining in that employment.
Consideration should also be given to such issues as distance from home and employment in
order to ensure that adequate rest is obtained.
The Labour Relations Commission has prepared a Code of Practice on Compensatory Rest
which is designed to assist employers where employees cannot avail themselves of the
statutory rest breaks. This Code of Practice is set out underneath this form on the NERA
Overview section of the IHF website.
Weekly Rest Period
24 consecutive hours within every 7 days.
Rest breaks are not considered working time and may therefore be unpaid.
Recording of Rest Breaks
The requirement to record rest breaks comes under the Organisation of Working Time
(Records) (Prescribed Form & Exemptions) Regulations, 2001.
However, while the Regulations require an employer to keep records of rest breaks, an
employer will be exempt from this requirement if they use electronic record keeping facilities,
or manual record keeping facilities (using Form OWT 1 or a similar form and
Employment Law Fact Sheet
Max Working Week & Rest Breaks
November 2010
This Fact Sheet is not a Statement of the Law and any member with a particular query
should obtain detailed professional advice.
1.
Notifies each employee in writing of their statutory rest breaks at work, daily rest
entitlement and weekly rest entitlement.
2. Puts in place procedures and notifies the employee in writing that they may write to the
employer within one week of the missed rest break, detailing any rest breaks to which
they were entitled but were unable to avail of on a particular occasion and the reasons for
not availing of the breaks.
However, the employer must retain a record of:
 Having given each employee details of the statutory rest entitlement – this could be
written on the end of each roster.
 Having notified employees of procedures to be used in the event they are unable to avail
of a break/rest period and
 Any notifications made to the employer by the employee regarding missed breaks.
Where the employee cannot avail of a break/rest period, they must notify the employer in
writing of this fact within 1 week of the day the break/rest period was due. The employer
then must make arrangements for the employee to receive compensatory rest as soon as
possible, having regard to work circumstances and the employee’s health and safety.
Working Time
Where an employee clocks-in earlier than the rostered starting time, the hours are calculated
from the roster time unless the employee is requested to work earlier than the rostered time.
Also where employee clocks-off later than the rostered time the employee is deemed to work
only until rostered unless employee is requested to work later than roster time.
The onus is on employer to ensure that employee leaves their place of work not later than
rostered finishing time. Alternatively they may be liable for overtime.
Employment Law Fact Sheet
Max Working Week & Rest Breaks
November 2010
This Fact Sheet is not a Statement of the Law and any member with a particular query
should obtain detailed professional advice.