Overtime Regulations, 2012

L.N. 46 of 2012

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Overtime Regulations, 2012

In exercise of the powers conferred by article 6 of the

Employment and Industrial Relations Act, the Minister for Justice,

Dialogue and the Family has made the following regulations:-

(1) The title of these regulations is the Overtime

Regulations, 2012.

(2) These regulations shall be without prejudice to-

(a) any other law issued under the Act regulating part-

time employment, and

(b)

the Organization of Working Time Regulations,

2003.

(1) For the purpose of these regulations

“the Act” means the Employment and Industrial

Relations Act; and

“Director” shall have the same meaning assigned to it by

the Act;

“overtime” shall have the same meaning assigned to it

by the Act.

(2) Terms and expressions used in these regulations,

unless the context otherwise requires, shall have the same meaning

assigned to them in the Act.

(1) Subject to sub-regulation (4) of this regulation,

whole- time employees shall work any overtime as required by

their employer provided that the average weekly working time,

including overtime, does not exceed an average of forty-eight hours

over the applicable reference period in terms of the Organization of

Working Time Regulations, 2003

(2) The provisions of sub-regulation (1) of this

regulation limiting the overtime worked to a weekly average of 48

hours during the applicable reference period shall not apply where

the employee has given his consent in writing to work more than a

weekly average of forty-eight hours.

An employee whose overtime rate is not covered by a

Wages Council Wage Regulation Order shall be paid one and a half

times the normal rate for work carried out in excess of a forty hour

week, averaged over a four week period or over the shift cycle at

the discretion of the employer.

(1) In all sectors, whether these sectors are covered Annualized hours.

by a Wages Council Wage Regulation Order or not, the employer

may introduce schemes to bank hours, whereby up to three

hundred and seventy-six hours of the normal annual working hours

in each calendar year may be banked, thus allowing extra hours

over and above the normal weekly working hours to be worked

during periods of higher work activity which would be redeemed

during periods of lower activity by having working hours below

the normal weekly working hours.

Provided that the average weekly working time, including

overtime, shall not exceed an average of forty-eight hours over

the applicable reference period in terms of the Organization of

Working Time Regulations 2003, unless the employee concerned

has given his consent in writing to work more than a weekly

average of forty-eight hours.

(2) The hours of work which may be banked shall

be limited to those hours on any day in a week which attract the

normal hourly rate of payment. Similarly, any hours of work which

have been banked in order to be utilized during weeks of lower

work activity shall only be so utilized on a weekly day of work

where the hours of work are paid at a normal rate.

(3) Subject to the specific provisions in sub-paragraphs

(4) and (5) (e) (f) and (g) of this regulation, any banked hours

shall be considered not to attract any remuneration above the

normal daily or weekly rate as the case may be, and clauses in

any applicable Order or regulation under the Act which specify

particular rates of remuneration for hours of work in excess of a

specified daily or weekly amount of hours shall not apply in these

circumstances.

(4) Any hours worked on any day which attracts a

special rate of pay in terms of any law, regulation, order, collective

agreement or individual contract shall be excluded from any

banking system and shall be paid for in accordance with normal

practice unless the parties agree otherwise, in which case, the

number of hours to be banked shall be calculated on and shall

reflect the special hourly rate of pay.

(5) Any scheme of banking of hours shall comply with

the following

(a) the employee is given prior written notice of the

number of hours and roster to be worked in the following four

weeks under the banking of hours scheme;

(b) the employer shall have the possibility of making

an alteration of the weekly hours to be worked in the

following week as long as at least one week’s written notice

is given of such a change;

(c) the weekly basic wage shall remain constant

throughout the year;

(d) part-time and whole-time employees with reduced

hours shall not be obliged to participate in a scheme to bank

hours and shall not suffer any detriment by the employer for

failing to agree to participate in such a scheme;

(e) in cases where the contract of employment is

terminated for whatever reason;

(i) before the banked hours could be redeemed,

such outstanding banked hours are to be paid at

the applicable overtime rate in force on the date of

termination, by the date of the next pay day; provided

that in the case of participating part-time employees or

whole-time employees with reduced hours, any banked

hours shall only be paid at the applicable overtime

rate if the total hours worked by such employees

when averaged exceed the normal hours of work of a

comparable whole-time employee; and

(ii) where lesser hours than the yearly average

have been worked, the employer shall not be entitled to

claim a refund in respect of hours not actually worked;

(f) the employee may be required to work in excess of

the scheduled hours of work on a particular day as referred

to in paragraph (a) or (b) hereof but in such a case, such

extra hours are to be paid at overtime rates at the applicable

overtime rates;

(g) if at the end of a calendar year there are outstanding

banked hours which have not been redeemed, such hours are

to be paid at the applicable overtime rate unless the employer

and employee have agreed in writing to transfer up to 160

banked hours to the next calendar year. Such banked hours

carried forward from the previous year shall be utilised first

and shall not be carried forward again; and

(h) the Director has authorised the introduction of

the banking hours scheme and in so doing may impose any

conditions deemed necessary.

(6) Any scheme to be introduced by an employer shall

be without prejudice to the provisions of any applicable collective

agreement in force at the workplace unless the parties to such an

agreement otherwise agree.

(7) When a scheme has been duly authorized, any

provision in any Wage Council Wage Regulation Order specifying

rates of pay for particular work, shall, in the case of any conflict

with the provisions of these regulations, not apply and the

provisions herein shall prevail.

With respect to calculation of hours to be deducted from Vacation leave and

the annual leave or sick leave entitlement when these are availed sick leave

of by an employee, the hours of work to be deducted from such

annual entitlement shall be the number of hours which have been

scheduled to be worked by the employer in accordance with the

schedule issued by the employer in terms of regulation 5 of these

regulations.

(1) When an employee participating in a scheme for Maternity and other

banking of hours takes maternity leave or other paid leave not Leave

referred to in regulation 6 of these regulations, that employee

shall receive the normal wages which may be due in respect of

the maternity leave or other leave, as the case may be, and the

provision of regulation 5 (c) of these regulations shall continue to

apply. During such leave, such an employee shall be considered to

have worked the same number of hours scheduled to be worked

by virtue of such a scheme, whether these are above or below the

normal hours usually worked outside the scheme, and such banked

hours shall be considered to have been credited or debited, as the

case may be, and be considered for all intents and purposes, in the

same way as would apply to similar hours credited or debited by

other employees participating in such a scheme.

(2) When an employee participating in a scheme for

banking of hours is on unpaid leave, he shall be considered to

have worked the same number of hours scheduled to be worked

by virtue of such a scheme, whether these are above or below the

normal hours usually worked outside the scheme, and such banked

hours shall be considered to have been credited or debited, as the

case may be, and be considered for all intents and purposes in the

same way as would apply to similar hours credited or debited by

other employees participating in such a scheme.

€0.45