(LRC Revised)

Number 20 of 1997

ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 20 January 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Organisation of Working Time Act 1997

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices

(Amendment) Act 2025

(1/2025), enacted 21 February 2025, and all statutory instruments up to and including

the

European Communities (Organisation of Working Time) (Defence Forces) Regulations 2025

(S.I. No. 11 of 2025), made 20 January 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

20

of

1997

ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 20 January 2025

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Non-application of Act or provisions thereof.

4.

Exemptions.

5.

Employer relieved from complying with certain provisions in certain circumstances.

6.

Compensatory rest periods.

7.

Regulations and orders.

8.

Inspectors.

(Repealed)

9.

Repeals.

10.

Expenses.

PART II

Minimum Rest Periods and other matters relating to Working Time

11.

Daily rest period.

12.

Rests and intervals at work.

13.

Weekly rest periods.

14.

Sunday work: supplemental provisions.

15.

Weekly working hours.

16.

Nightly working hours.

17.

Provision of information in relation to working time.

18.

Prohibition of zero hours working practices in certain circumstances and minimum payment

in certain circumstances.

18A.

Banded Hours.

PART III

Holidays

19.

Entitlement to annual leave.

20.

Times and pay for annual leave.

21.

Entitlement in respect of public holidays.

22.

Public holidays: supplemental provisions.

23.

Compensation on cesser of employment.

PART IV

Miscellaneous

24.

Approval of collective agreements by Labour Court.

25.

Records.

26.

Refusal by an employee to co-operate with employer in breaching Act.

27.

Complaints to rights commissioner.

28.

[Decision of Labour Court on appeal from decision referred to in section 27(3).]

29.

Enforcement of determinations

of Labour Court.

(Repealed)

30.

Evidence of failure to attend

before or give evidence or produce documents to Labour Court.

(Repealed)

31.

References to rights

commissioner by Minister.

(Repealed)

32.

Provisions in relation to outworkers who are employees.

33.

Prohibition on double employment.

34.

Penalties, proceedings, etc.

35.

Codes of practice.

36.

Provisions in relation to

Protection of Young Persons (Employment) Act, 1996

.

37.

Voidance of certain provisions.

38.

Amendment of

section 51

of

Safety, Health and Welfare

at Work Act, 1989

.

(Repealed)

39.

Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain

cases.

40.

Alternative means of claiming relief in cases of non-compliance with

Part III

.

41.

Increase of penalties under

certain enactments.

(Repealed)

FIRST SCHEDULE

Transitional Provisions In Relation To Annual Leave Entitlements

SECOND SCHEDULE

Public Holidays

THIRD SCHEDULE

Entitlement under

section 21

in respect of Public Holidays

Exceptions

FOURTH SCHEDULE

Enactments Repealed

FIFTH SCHEDULE

Transitional Provisions in relation to

section 15

(1)

SIXTH SCHEDULE

Text of Council Directive

Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Civil Service Regulation Act, 1956

1956, No. 46

Conditions of Employment Act, 1936

1936, No. 2

Conditions of Employment Act, 1944

1944, No. 12

Courts Act, 1981

1981, No. 11

Dangerous Substances Act, 1972

1972, No. 10

Employment Agency Act, 1971

1971, No. 27

Holidays (Employees) Acts, 1973 and 1991

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1990

1990, No. 19

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Night Work (Bakeries) Act, 1936

1936, No. 42

Night Work (Bakeries) (Amendment) Act, 1981

1981, No. 6

Payment of Wages Act, 1991

1991, No. 25

Petty Sessions (Ireland) Act, 1851

1851, c.93

Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991

Protection of Young Persons (Employment) Act, 1996

1996, No. 16

Redundancy Payments Acts, 1967 to 1991

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

Safety, Health and Welfare (Offshore Installations) Act, 1987

1987, No. 18

Shops (Conditions of Employment) Act, 1938

1938, No. 4

Shops (Conditions of Employment) (Amendment) Act, 1942

1942, No. 2

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Terms of Employment (Information) Act, 1994

1994, No. 5

Trade Union Act, 1941

1941, No. 22

Unfair Dismissals Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5

Number

20

of

1997

ORGANISATION OF WORKING TIME ACT 1997

REVISED

Updated to 20 January 2025

AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 93/104/EC OF 23 NOVEMBER 1993

OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING CERTAIN ASPECTS OF THE ORGANIZATION

OF WORKING TIME, TO MAKE PROVISION OTHERWISE IN RELATION TO THE CONDITIONS OF EMPLOYMENT

OF EMPLOYEES AND THE PROTECTION OF THE HEALTH AND SAFETY OF EMPLOYEES, TO AMEND CERTAIN

ENACTMENTS RELATING TO EMPLOYEES, TO REPEAL THE CONDITIONS OF EMPLOYMENT ACTS, 1936

AND 1944, THE HOLIDAYS (EMPLOYEES) ACTS, 1973 AND 1991, AND CERTAIN OTHER ENACTMENTS

AND TO PROVIDE FOR RELATED MATTERS. [7

th May

, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Organisation of Working Time Act

1997 (No. 20 of 1997)

...

Editorial Notes

E1

Redress and appeal procedures in respect of entitlements under Act provided (1.10.2015)

by

Workplace Relations Act 2015

(16/2015), ss. 41, 44 and sch. 5 part 1 item 7, sch. 6 part 1 item 10, sch. 6 part

2 item 10, S.I. No. 410 of 2015.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 5, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E3

Previous affecting provision: functions transferred and “Minister

for” and “Department of Jobs, Enterprise and Innovation” construed

(1.09.2017) by

Labour Affairs and Labour Law (Transfer of Departmental

Administration and Ministerial Functions) Order 2017

(S.I. No. 361 of

2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional

provisions in arts. 4, 5 ; superseded as per C-note above.

Annotations

Modifications (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Organisation of Working Time Act

1997 (No. 20 of 1997)

...

Editorial Notes

E1

Redress and appeal procedures in respect of entitlements under Act provided (1.10.2015)

by

Workplace Relations Act 2015

(16/2015), ss. 41, 44 and sch. 5 part 1 item 7, sch. 6 part 1 item 10, sch. 6 part

2 item 10, S.I. No. 410 of 2015.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 5, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E3

Previous affecting provision: functions transferred and “Minister

for” and “Department of Jobs, Enterprise and Innovation” construed

(1.09.2017) by

Labour Affairs and Labour Law (Transfer of Departmental

Administration and Ministerial Functions) Order 2017

(S.I. No. 361 of

2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional

provisions in arts. 4, 5 ; superseded as per C-note above.

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Non-application of Act or provisions thereof.

4.

Exemptions.

5.

Employer relieved from complying with certain provisions in certain circumstances.

6.

Compensatory rest periods.

7.

Regulations and orders.

8.

Inspectors.

(Repealed)

9.

Repeals.

10.

Expenses.

PART II

Minimum Rest Periods and other matters relating to Working Time

11.

Daily rest period.

12.

Rests and intervals at work.

13.

Weekly rest periods.

14.

Sunday work: supplemental provisions.

15.

Weekly working hours.

16.

Nightly working hours.

17.

Provision of information in relation to working time.

18.

Prohibition of zero hours working practices in certain circumstances and minimum payment

in certain circumstances.

18A.

Banded Hours.

PART III

Holidays

19.

Entitlement to annual leave.

20.

Times and pay for annual leave.

21.

Entitlement in respect of public holidays.

22.

Public holidays: supplemental provisions.

23.

Compensation on cesser of employment.

PART IV

Miscellaneous

24.

Approval of collective agreements by Labour Court.

25.

Records.

26.

Refusal by an employee to co-operate with employer in breaching Act.

27.

Complaints to rights commissioner.

28.

[Decision of Labour Court on appeal from decision referred to in section 27(3).]

29.

Enforcement of determinations

of Labour Court.

(Repealed)

30.

Evidence of failure to attend

before or give evidence or produce documents to Labour Court.

(Repealed)

31.

References to rights

commissioner by Minister.

(Repealed)

32.

Provisions in relation to outworkers who are employees.

33.

Prohibition on double employment.

34.

Penalties, proceedings, etc.

35.

Codes of practice.

36.

Provisions in relation to

Protection of Young Persons (Employment) Act, 1996

.

37.

Voidance of certain provisions.

38.

Amendment of

section 51

of

Safety, Health and Welfare

at Work Act, 1989

.

(Repealed)

39.

Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain

cases.

40.

Alternative means of claiming relief in cases of non-compliance with

Part III

.

41.

Increase of penalties under

certain enactments.

(Repealed)

FIRST SCHEDULE

Transitional Provisions In Relation To Annual Leave Entitlements

SECOND SCHEDULE

Public Holidays

THIRD SCHEDULE

Entitlement under

section 21

in respect of Public Holidays

Exceptions

FOURTH SCHEDULE

Enactments Repealed

FIFTH SCHEDULE

Transitional Provisions in relation to

section 15

(1)

SIXTH SCHEDULE

Text of Council Directive

Number

20

of

1997