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Arra HRD Ltd has compiled an Employment Legislation Guide. The section re-produced here details requirements under Working Time Legislation, and outlines Leave Entitlements for Employees. For The Full EMPLOYMENT LEGISLATION GUIDE 2011  in .pdf Format Click Here If you need the Free Adobe Reader  to read the .pdf please click here _______________________________________________ SAMPLE SECTIONS OF EMPLOYMENT GUIDE 3. Working Time Legislation The introduction of legislation dealing with working time in the late 1990's has created significant changes to how such matters are regulated. In addition it has also proved to be an opportunity for employers to work with employees in finding more flexible arrangements for ensuring that the work programme of the business is completed while also providing for appropriate rest and leisure time for employees. While ensuring that working time legislation requirements are met many employers have also introduced innovative flexible arrangements to cater for their employees family and work-life balance concerns. We set out below the main statutory rights that exist for employees under working time legislation and give some examples of where flexible arrangements are available to employers to cater for the wider work-life balance issues of employees. 3.1 Statutory rights for employees regarding working time and rest periods A number of groups are excluded from the provisions of working time legislation where it relates to rest time and maximum working time rules. These groups are: Persons engaged in sea fishing or other work at sea Doctors in training but a phase in period has been agreed with the relevant authorities Person's employed by a relative, who are members of that relative's household and whose place of employment is a private house or farm, where they and the relative reside Person's who determine their own working time (with the exception of any core period stipulated by the employer) The following categories of employees are also excluded by Ministerial Regulations from the provisions regulating daily rest, rest breaks at work, weekly rest, maximum working time and night working: Persons employed in the civil protection services Persons involved or connected with the transport by whatever means, of goods or persons. The activity of the person concerned must be directly related to the operation, scheduling or safety of a means of transportation. EU Commission proposals to cover these categories are under discussion. Working time is defined as any time that the employee is (a) at his /her place of work or at his/her employer's disposal and (b) carrying on or performing the activities or duties of his/her work. There are a number of exemptions relating to daily rest, rest breaks at work, weekly rest and night working subject to an employer granting compensatory rest. These relate to specific activities and circumstances, namely: Shift changeovers Split shift arrangements Unforeseeable circumstances beyond the employer's control Also by Ministerial regulation there are similar exemptions where the employer has consulted with employee representatives for the following circumstances and activities: An activity in which the employee is regularly required by the employer to travel distances of significant length to and from workplaces Persons involved in security and surveillance activities requiring a permanent presence in order to protect property and persons Activities of a seasonal nature or where there is a surge in activity. This would also include employees directly involved in ensuring the continuity of production or provision of services in hospitals, residential institutions and prisons, dock or airport workers, press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services, gas, water and electricity production, transmission and distribution, household refuse collection and incineration plants, industries which cannot be interrupted on technical grounds, R&D activities, agriculture and tourism. All of the foregoing exemptions are subject to equivalent compensatory rest being made available to the employee. This provides an opportunity for the employer to look with the employee at flexible arrangements that will accommodate both of their requirements and leads to a very favourable and motivating relationship between employer and employee. Employers who are in a position to consider compensatory rest arrangements are referred to the Labour Relations Commission Code of Practise on Compensatory Rest, which can be downloaded from their web site at www.lrc.ie. Maximum Weekly Working Time The maximum weekly working week is 48 hours. This is averaged over a 4, 6 or 12 month period in accordance with the following rules: For employees generally - 4 months For employees where work is subject to seasonality, a foreseeable surge in activity or where employees are directly involved in ensuring continuity of service or production - 6 months For employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months Rest Periods - Each employee has a general entitlement to: 11 hours daily rest in each 24 hour period One period of 24 hours of rest per week preceded by a daily rest period (11 hours) Rest breaks - 15 minutes where up to 4.5 hours have been worked; 30 minutes where up to 6 hours have been worked which may include the first break Retail shop employees whose hours of work include the hours 11.30am-2.30pm must after 6 hours work be allowed a break of one hour which must commence between the hours 11.30am-2.30pm Night Workers Night time is defined as the period between midnight and 7am the following morning. Night workers are employees who normally work at least 3 hours of their daily working time during night time and the annual number of hours worked at night equals or exceeds 50% of annual working time. Maximum night working time is allowed as follows: For night workers generally 48 hours per week averaged over 2 months or a longer period specified in a collective agreement which must be approved by the Labour Court For night workers whose work involves special hazards or heavy physical or mental strain an absolute limit of 8 hours in a 24-hour period during which they perform night work Conditions of employment, hours of work and rest periods for Under 18's The maximum weekly hours of work for 14 and 15 year olds is as follows: 0 14 year olds 15 year olds Term-time Nil 8 hours Work experience 40 hours 40 hours Where the maximum week is 35 hours, the maximum day is 7 hours. A maximum 40 hours a week means a maximum 8 hour day. During the summer holidays, under 16s must have at least 21 days free from work. Time off and rest breaks for under 16's is as follows: Half hour rest break after 4 hours work Daily rest break 4 consecutive hours off Weekly rest break 2 days off and consecutive in as far as is practicable The working hours, time off and rest breaks for 16 and 17 year olds is as follows: Maximum working day 8 hours Maximum working week 40 hours Half hour rest break after 4.5 hours of work Daily rest break 12 consecutive hours off Weekly rest break 2 days off and consecutive in as far as is practicable In regard to night work and early morning work, under 16's may not be required to work before 8am or after 8pm. In general, 16 and 17 year olds may not be employed before 6am or after 10pm. During school holidays and on weekend nights where the young person has no school the next day, 16 and 17 year olds may work up to 11pm at night. The ban on early morning work then moves forward to 7am. Where someone under 18 works for more than one employer, the combined daily or weekly hours of work may not exceed the maximum hours set out above. Persons aged 15 may be employed as part of an approved training programme and an employer may employ a 14 or 15 year old who is a full-time second level student as part of a work experience or educational programme. These placements are for a maximum 8 hours a day or 40 hours a week. Children under 16 can be employed in cultural, artistic, sports or advertising work which is not harmful to the safety, health or development of the child and does not interfere with the child's attendance at school where permission by licence has been received from the Minister for Enterprise Trade and Employment. LEAVE MATTERS - BASIC LEAVE ENTITLEMENTS Leave Situation Female Employees Male Employees Annual Leave Organisation of Working Time Act, 1997   20 days ( if work 1,365+hours) Part time employee: 8% of the hours worked in a leave year OR 1/3 of a working week for each month in which employee worked 117+hours 20 days (if worked 1,365+hours) Part time employee: 8% of the hours worked in a leave year OR 1/3 of a working week for each month in which employee worked 117+hours Public Holidays Organisation of Working Time Act, 1997   9 public holidays: - paid day off on the holiday - paid day off that month - extra day's annual leave - extra day's pay provided they have worked 40 hours in previous 5 weeks. 9 public holidays: - paid day off on the holiday - paid day off that month - extra day's annual leave - extra day's pay provided they have worked 40 hours in previous 5 weeks. Maternity Leave Maternity Leave Act, 1994 and Maternity Protection (Amendment) Act, 2004   22 weeks statutory (2 weeks to be taken before birth) and 12 weeks additional unpaid leave. Also entitled to reasonable time off for medical visits connected with pregnancy From 1st March 2007 it will change to 26 weeks statutory and additional unpaid leave will change to 16 weeks. No entitlement to leave bar once-off right to paid time off work to attend the two antenatal classes immediately prior to the birth. In event of mother's death, entitle to the following:: If she dies before the 20th week (24 weeks post 1st March 2007) of confinement may take leave until expiry of that 20th week (24 weeks post 1st March 2007). Also entitled to 12 additional weeks (16 post 1st March 2007), may take leave until expiry of 32nd week (40th week post 1st March 2007). If she dies after 20th week (24weeks post 1st March 2007), may take leave until expiry of 32nd week (40th week post 1st March 2007). Adoptive Leave Adoptive Leave Act, 1995   From 1st March 2006 a total of 20 consecutive weeks statutory paid leave with 12 weeks additional unpaid adoptive leave also available. And from 1st March 2007 at total of 24 consecutive weeks statutory paid leave with 16 weeks additional unpaid adoptive leave also available. Sole male adopter: 20 consecutive week's (24 weeks post 1st March 2007) statutory and additional adoptive leave of 12 consecutive weeks unpaid (16 weeks unpaid post 1st March 2007). Leave only available to father in event of mother's death for entire period if mothers dies on or after the date of placement. Father also entitled to entire period of additional adoptive leave or balance of period if mother dies on or after the commencement of additional adoptive leave. Carer's Leave Carer's Leave Act, 2001 13 - 65 weeks if continuously employed by that employer for 12 months 13 - 65 weeks if continuously employed by that employer for 12 months Parental Leave Parental Leave Act, 1998   14 weeks per child under 8 if continuously employed by that employer for 12 months. In cases of adoption, leave available for child between ages of 3 and 8. 14 weeks per child under 8 if continuously employed by that employer for 12 months. In cases of adoption, leave available for child between ages of 3 and 8. Force Majeur Leave Parental Leave Act, 1998 3 days in any 12 month period or 5 days in 36 month period 3 days in any 12 month period or 5 days in 36 month period