ORGANISATION OF WORKING TIME REGULATIONS

SUBSIDIARY LEGISLATION 452.87

ORGANISATION OF WORKING TIME

REGULATIONS

5th April, 2004

LEGAL NOTICE 247 of 2003, as amended by Legal Notices 427 of 2007,

259 of 2012, 367 of 2017, 444 of 2018, 308 of 2020, 59 of 2021 and Act

XXXIII of 2024.

The title of these regulations is the Organisation of

Working Time Regulations.

(1)

In these regulations, unless the context otherwise

requires

''the Act'' means the Employment and Industrial Relations Act;

''adequate rest'' means such rest periods, the duration of which is

expressed in units of time and which are sufficiently long and

continuous to ensure that, as a result of fatigue or other irregular

working patterns, workers do not cause injury to themselves, to

fellow workers or to others;

''civil protection services'' includes the police, fire brigades and

ambulance services, the security and intelligence services, customs

and immigration officers, the prison service, any voluntary rescue

services, port and airport safety officers and air traffic controllers;

''Director'' means the Director responsible for employment and

industrial relations;

''employer'' includes a partnership, company, association or other

body of persons, whether vested with legal personality or not, and

in relation to a worker means the person by whom the worker is, or,

where the employment has ceased, was employed;

''family worker'' shall mean a relative of the employer to the

second degree, ascending or descending as well as persons under

the legal custody of the employer;

''Minister'' means the Minister responsible for employment and

industrial relations;

''mobile worker'' means any worker employed as a member of

travelling or flying personnel by an undertaking which operates

transport services for passengers or goods by road, air or inland

waterway;

''night time'' means the period between 10 p.m. of any one day

and 6 a.m. of the next day;

''night worker'' means a worker who

(a) works at least three hours of his daily working time as

a normal course during night time; or

(b) works more than fifty per cent of his annual working

time, or such lower proportion as may be specified in

appropriate provisions of a relevant collective

agreement during night time

Provided that for the purposes of paragraph (a) of this

definition, the term ''normal course'' means those instances where

the worker works such hours on the majority of days during which

he works;

''offshore work'' means work performed mainly on or from

offshore installations, including drilling rigs, directly or indirectly

in connection with the exploration, extraction or exploitation of

mineral resources, including hydrocarbons, and diving in

connection with such activities, whether performed from an

offshore installation or from a vessel;

''rest period'' means any period which is not working time and

does not include leave to which a worker is entitled under these

regulations;

''shift work'' means any method of organising work in shifts

whereby workers succeed each other at the same work stations

according to a certain pattern, including a rotating pattern, and

which may be continuous or discontinuous, entailing the need for

workers to work at different times over a given period of days or

weeks;

''shift worker'' means any worker whose work schedule is part of

shift work;

''working time'' means any period during which the worker is

available for service to the employer and is carrying out his activity

or duties, and includes any relevant training and any other

additional period which is to be treated as working time for the

purpose of these regulations under any relevant agreement and

''work'' shall be construed accordingly.

(2) Subject to the provisions of subregulation (1), terms and

expressions used in these regulations shall, unless the context

otherwise requires, have the meaning assigned to them in the Act.

(1) These regulations shall be construed as a National

Standard Order and lay down the minimum requirements for the

organisation of working time.

(2)

These regulations shall apply

(a) to minimum periods of daily rest, weekly rest and

annual leave, and to breaks; and

(b) to maximum weekly working time; and

(c) to certain aspects of night work, shift work and

patterns of work; and

(d) unless otherwise provided hereunder in these

regulations or in any applicable law, these regulations

shall apply to all sectors of activity, both public and

private.

(3)

These regulations shall not apply

(a) where other legislation laying down more specific

provisions relating to the organisation of working time

for certain occupations or occupational activities are in

force;

(b) to seafarers on board every seagoing vessel, whether

publicly or privately owned.

(4) These regulations shall be applicable without prejudice to

the introduction and implementation of provisions in collective

agreements or any other agreement entered into between employers

and employees, which are more favourable to the protection of the

safety and health of workers.

(5) These regulations shall be read and construed together with

the provisions of any applicable health and safety legislation and in

the case of conflict, these regulations shall apply.

Minimum Rest Periods and Maximum Working Time

Every worker shall be entitled to a minimum daily rest

period of eleven consecutive hours per 24-hour period during

which the worker performs work for his employer.

(1) Every worker shall be entitled to a rest break where the

working day is longer than six hours.

(2) The rest break to which a worker shall be entitled,

including its duration and the terms on which it is granted, shall be

i n ac c o r d a n c e w i t h a n y p r o v i s i o n s l a i d d o w n i n c o l l e c t i v e

agreements or any other agreement entered into between employers

and employees.

(3) Subject to the provisions of any applicable collective

agreement in accordance with regulation 3(4), the rest break

provided for in subregulation (1) shall be for an uninterrupted

period of not less than fifteen minutes, and the worker shall be

entitled to spend it away from his workstation, if he has one.

(1) Subject to the provisions of subregulations (2) and (3),

every worker shall be entitled to a minimum uninterrupted weekly

rest period of tenty-four hours, in addition to the daily rest period

of eleven hours referred to in regulation 4, for each seven-day

period during which the worker works for the employer

Provided that, if the employer proves to the Director that

technical or work organisation conditions so require, then a

minimum rest period of twenty-four hours for each seven day

period shall be applied so as to resolve the technical or work

organisation conditions

Provided further that if the employer fails to prove to the

Director that technical or work organisation conditions so require,

the Director shall have the power to oblige the employer to allow

the worker a weekly rest period as provided in the first paragraph

of this sub-regulation.

(2) Notwithstanding the provisions of subregulation (1), the

weekly rest period may be calculated over a fourteen-day reference

period if the employer so determines, and in such cases, a worker

shall be entitled to either -

(a) two uninterrupted rest periods each of not less than

twenty-four hours, each preceded by a daily rest

period, in each fourteen-day period during which the

ORGANISATION OF WORKING TIME

worker works for the employer; or

(b) one uninterrupted rest period of not less than forty-

eight hours, preceded by a daily rest period, in each

such fourteen-day period during which the worker

works for the employer.

(1) Saving as otherwise provided in these regulations, the

average working time for each seven-day period of a worker,

including overtime, shall not exceed forty-eight hours

Provided that

(a) the average weekly working time shall be calculated

from the total number of hours worked in a reference

period as specified in subregulation (3);

(b) the periods of paid annual leave, granted in accordance

with regulation 8, the periods of sick leave as specified

in any relevant legislation issued in terms of the Act or

as may be specified in a relevant collective agreement

and any other leave to which a worker shall be entitled

pursuant to any relevant legislative provision issued in

terms of the Act shall not be included in the

calculation of the average.

(2)

Subregulation (1) of this regulation shall not apply

(a) until 31st July, 2004 in the following manufacturing

sub-sectors

-

food and beverages,

-

textiles,

-

clothing and footwear,

-

transport equipment,

-

electrical and electronic machinery, appliances

and supplies,

-

furniture;

(b) until 31st December, 2004 in respect of collective

agreements existing on 12th December, 2001 in the

above mentioned sub-sectors where these agreements

contain clauses relevant to this regulation with validity

beyond July 2004.

(3) Subject to any relevant provisions in any applicable

collective agreement in accordance with regulation 3(4), the

reference periods which apply in the case of a worker are -

(a) in the case of the manufacturing sector and the tourism

sector, including travel and catering establishments, a

period of fifty-two weeks;

(b) where a relevant collective agreement provides for the

application of this regulation in relation to successive

periods of seventeen weeks, each such period;

(c) in any other case, any period of seventeen weeks in the

course of the worker’s employment.

(4)

Where a worker has been in employment for his employer

for less than seventeen weeks, the applicable reference period shall

be the period that has elapsed since starting work for the employer.

(5) It shall be the duty of the employer to ensure that the limit

specified in subregulation (1) shall be complied with, in the

interests of the health and safety of the workers.

(6) Any provisions in any other legislation issued under the Act

which relate the minimum weekly wage of a whole-time employee

to a weekly working time of more than forty-eight hours, shall,

henceforth, be considered to relate such minimum weekly wage to a

maximum average weekly working time of forty-eight hours.

(1) Every worker shall be entitled to paid annual leave of

at least the equivalent in hours of four weeks and thirty-two hours

calculated on the basis of a forty-hour working week, and an eight-

hour working day and out of this paid annual leave entitlement, a

minimum period equivalent to four weeks may not be replaced by

an allowance in lieu, except where the employment relationship is

terminated, and any agreement to the contrary shall be null and

void

Provided that with effect from the 1st January 2021, in the case

of whole-time employees, where a national or public holiday falls on a

Saturday, Sunday or weekly day of rest to which an employee is

entitled, such employee shall be entitled to an additional day of

vacation leave during that same calendar year in respect of each such

national or public holiday, as specified in article 6 of the National

Holidays and Other Public Holidays Act.

Provided further that in cases where the average weekly

working time, calculated on the basis of a reference period of

seventeen weeks, is below or exceeds forty hours per week, the

annual leave entitlement in hours shall be adjusted accordingly

Provided further that the average weekly working time shall

be calculated on the normal hours of work of the employee and

shall not include overtime hours.

(2) With the exception of the hours of annual leave entitlement

which may be availed of as urgent leave, leave shall be availed of

as whole working days, with the equivalent number of hours being

deducted from the annual leave entitlement calculated in hours,

unless ot herwi se prov ided for in a coll ect ive agreement or

established by mutual consent

Provided that in cases when the residual hours of annual

leave entitlement is less than the equivalent of a whole working

day, such residual leave entitlement shall be granted on one

occasion as part of a whole working day.

(3) Notwithstanding the provisions of subregulation (1), a

proportion of the leave entitlement not exceeding 50% of the

annual leave entitlement, may, by mutual agreement between

employer and employee, be carried over once to the next calendar

year. Such vacation leave carried forward from the previous year

will be utilised first, and may not be carried forward again.

(4)

When an employee is in employment for less than twelve

months in any calendar year, the worker shall be entitled to such

annual leave as is in proportion to the period in employment.

(5) Every whole-time employee shall be entitled to the national

holidays and to all public holidays with full pay.

(6) Subject to any relevant provision in a recognised collective

agreement or established by mutual consent

(a) in the case of workers on a regular daily schedule,

when a national holiday or public holiday falls on a

worker’s day of rest, the worker shall be credited with

extra hours of annual leave equivalent to the number

of hours of a normal working day;

(b) notwithstanding the preceding paragraph, in the case

of workers on irregular schedules or where the hours

of work vary from day to day, the hours of work

equivalent to a working day which are to be credited to

the annual leave entitlement of such workers when a

public holiday or a national holiday falls on a day of

rest shall be calculated on the basis of the number of

normal hours scheduled to be worked in a seventeen

week period, divided by the number of working days

in that same period.

Night Work and Shift Work

(1) Subject to the provisions of subregulation (2), a night

worker’s normal hours of work shall not exceed an average of eight

hours in any 24-hour period

Provided that the average number of hours worked each

night shall be calculated on the total number of hours worked in a

reference period as specified in subregulations (4) and (5)

Provided further that if the minimum weekly rest period of

twenty-four hours required by regulation 6 falls within the

reference period it shall not be included in the calculation of the

average.

(2) The employer shall ensure that no night worker whose work

involves special hazards or heavy physical or mental strain shall

work more than eight hours in any period of twenty-four hours

during which night work is performed.

(3) For the purposes of subregulation (2), work involving

special hazards or heavy physical or mental strain shall be

recognised as such by means of

(a) a risk assessment carried out by the employer pursuant

to article 12 of the Occupational Health and Safety

Authority Act; or

(b) appropriate provisions in collective agreements

pursuant to regulation 3(4) specifying particular work

activities, taking account of the specific effects and

hazards of night work.

(4) The reference periods which apply in the case of a night

worker shall be defined

(a) by collective agreements, or

(b) in any other case by any period of seventeen weeks in

the course of employment.

(5) Where a worker has been in employment with his employer

for less than seventeen weeks, the applicable reference period shall

be the period that has elapsed since starting work for the employer.

(1) Prior to assigning a worker to carry out night work and

at regular intervals thereafter, it shall be the duty of an employer to

take the necessary measures to ensure that the worker concerned

undergoes a suitable health assessment to determine the worker’s

health status in order to ascertain fitness for the proposed work

Provided that an employer shall repeat the health

assessment after a reasonable length of time has elapsed since a

previous assessment or whenever there has been a change in the

working environment or in the health status of the worker.

(2) No person shall disclose a health assessment made for the

purposes of this regulation to any person other than the worker to

whom it relates, unless -

(a) the worker has given his consent in writing to the

disclosure, or

(b) the disclosure is confined to a statement that the

assessment shows the worker to be fit or unfit as the

case may be prior to undertaking an assignment, or to

continue to undertake an assignment.

(3)

Where -

(a) a registered medical practitioner has advised an

employer that a worker employed by the employer is

suffering from health problems which the practitioner

considers to be connected with the fact that the worker

performs night work, and

(b) it is possible for the employer to transfer the worker to

work -

(i) to which the worker is suited, and

(ii) which is to be undertaken during periods such

that the worker will cease to be a night worker,

the employer shall transfer the worker accordingly.

(4) The employer shall not levy or permit to be levied on any

worker any charge or deduction in wages in respect of anything

done pursuant to any measure required by these regulations.

It shall be the duty of an employer who regularly uses night

workers, to keep adequate records on any workers carrying night

work to show that there is suitable compliance with the provisions

of these regulations and to furnish the Director, whenever so

requested, with any information related to night work which may

be considered necessary.

It shall be the duty of the employer to ensure that a worker

shall be given adequate rest breaks, to the satisfaction of the

D i r e c t o r, w h e r e a r i s k a s s e s s m e n t i n t e r m s o f t h e G e n e r a l

Provisions for Health and Safety at Workplaces Regulations, or any

other relevant health and safety legislation which may be in force

from time to time, and carried out in accordance with the same

General Provisions for Health and Safety at Workplaces Regulations,

shows that the pattern according to which an employer organizes

work is such as to put the health and safety of a worker employed

by him at risk, and in particular, because the work is monotonous or

the work-rate is predetermined.

Miscellaneous Provisions

Regulations 4, 5, 6, 7 and 9, shall not apply in relation to a

worker where, on account of the specific characteristics of the

activity in which the worker is engaged, the duration of the

working time is not measured or predetermined or can be

determined by the worker, as may be the case for, but not limited

to -

(a) managing executives or other

persons

with

autonomous decision-taking powers;

(b) family workers; or

(c) workers officiating at religious ceremonies in churches

and religious communities.

Where the application of any provision of these regulations

is excluded by regulation 15 or 16, or is modified or excluded by

means of a collective agreement under regulation 18, and a worker

shall be accordingly required by his employer to work during a

period which would otherwise be a rest period or rest break -

(a) the employer shall, notwithstanding such exemption,

be obliged to ensure that any worker concerned is

allowed such compensatory rest period or rest break,

as the case may be, that can be reasonably considered

as equivalent to the rest period or break referred to in

regulation 4 or 6, and

(b) in exceptional cases in which it shall not be possible,

for objective reasons, to grant such a period of rest, the

employer shall afford the worker such protection as

may be appropriate in order to safeguard the worker’s

health and safety

Provided that the arrangement with regards to the

conditions of work provided for in this regulation shall not include

(i)

the granting of monetary compensation to the

worker; or

(ii) the provision of any other material benefit to the

worker other than the provision of such a benefit

as will improve the physical conditions under

which the worker works or the amenities or

services available to the worker while working.

Subject to the provisions of regulation 14, regulations 4, 5,

6, and 9 shall not apply -

(a) in relation to activities where the worker’s place of

work and place of residence are distant from one

another, including offshore work, or his different

places of work with the same employer are distant

from one another;

(b) in relation to security and surveillance activities

requiring a permanent presence in order to protect

property and persons, as may be the case for security

guards and caretakers or security firms;

(c) in relation to activities involving the need for

continuity of service or production, as may be the case

in relation to -

(i)

services relating to the reception, treatment or

care provided by hospitals or similar

establishments, residential institutions and

prisons;

(ii) work at docks or airports;

(iii) press, radio, television, cinematographic

production, postal and telecommunications

services and civil protection services;

(iv) gas,

water

and

electricity

production,

transmission and distribution, household refuse

collection and incineration plants;

(v) industries in which work cannot be interrupted

on technical grounds;

(vi) research and development activities;

(vii) agriculture;

(viii) workers concerned with the carriage of

passengers on regular urban transport services;

(d) where there is a foreseeable surge of activity, as may

be the case in relation to -

(i) agriculture;

(ii) tourism; and

(iii) postal services;

(e) in the case of persons working in railway transport

(i) whose activities are intermittent;

(ii) who spend their working time on board trains; or

(iii) whose activities are linked to transport time-

tables and to ensuring the continuity and

regularity of traffic;

(f)

where the worker’s activities are affected by -

(i)

an occurrence due to unusual and unforeseeable

circumstances, beyond the control of the

worker’s employer;

(ii) exceptional events, the consequences of which

could not have been avoided despite the exercise

of all due care by the employer; or

ORGANISATION OF WORKING TIME

(iii) an accident or the imminent risk of an accident.

Subject to the provisions of regulation 14 above -

(a) regulation 4 shall not apply in relation to a shift

worker when he changes shift and cannot take a daily

rest period between the end of one shift and the start of

the next one;

(b) regulation 6 shall not apply in relation to a shift

worker when the worker changes shift and cannot take

a weekly rest period between the end of one shift and

the start of the next one; and

(c) regulation 4 shall not apply to workers engaged in

activities involving periods of work split up over the

day, as may be the case for cleaning staff.

(1) With respect to doctors in training, regulation 7(1)

shall not apply until such date as the Minister may by notice in the

Gazette prescribe

Provided that as from the 1st August, 2004 a transitional

period shall take effect in which the number of weekly working

hours for doctors in training shall not exceed an average of fifty-

eight during the first three years, an average of fifty-six for the

following two years and an average of fifty-two for any remaining

period.

(2) The employer shall consult the representatives of the

employees in good time with a view to reaching an agreement,

wherever possible, on the arrangements applying to the transitional

period. Within the limits set out in the preceding subregulation,

such an agreement may cover

(a) the average number of weekly hours of work during

the transitional period; and

(b) the measures to be adopted to reduce weekly working

hours to an average of forty-eight by the end of the

transitional period.

(3) Regulation 7(3) shall not apply to doctors in training

provided that the reference period does not exceed

(a) twelve months, during the first three

years

commencing on the 1st August, 2004; and

(b) six months for the following two years.

Subject to the provisions of regulation 14, a collective

agreement may

(a) modify or exclude the application of regulations 4, 5, 6

and 9 in relation to workers or a group of workers;

(b) modify the application of regulation 7(3) by the

substitution for each reference to seventee weeks with

a different period not exceeding fifty-two weeks, when

there are sufficient objective or technical reasons or

reasons concerning the organisation of working time.

(1) Regulations 4, 5, 6, and 9 shall not apply to mobile

workers

Provided that necessary arrangements are taken to ensure

that such mobile workers shall have adequate rest except in

circumstances laid out in regulation 15(f).

(2) In cases where there may be objective or technical reasons

or reasons concerning the organisation of work, the reference

period referred to in regulation 7(3) may be extended to twelve

months in respect of workers who mainly perform offshore work.

(1) The provisions of regulation 7 shall not apply in

relation to a worker who has agreed with his employer in writing

that it should not apply, provided that the employer takes the

necessary measures to ensure that

(a) no worker shall be required to work more than forty-

eight hours over a seven-day period, calculated as an

average for the reference period referred to in

regulation 14(b), unless the employer has first

obtained the worker’s agreement to perform such

work;

(b) no worker shall be subjected to any detriment by his

employer because he is not willing to give his

agreement to perform such work;

(c) the employer keeps up-to-date records of all workers

who carry out such work, which shall include the

specific number of hours to be worked by the

employee in a particular reference period;

(d) the records are placed at the disposal of the Director,

who may, for reasons connected with the safety and, or

health of workers, prohibit or restrict the possibility of

exceeding the maximum weekly working hours;

(e) the employer provides the Director at his request with

information on cases in which agreement has been

given by workers to perform work exceeding forty-

eight hours over a period of seven days, calculated as

an average for the reference period referred to in

regulation 7(3)(b).

(2) Any written agreement pursuant to what is stated in

subregulation (1)(a) shall be terminable by the worker by giving no

less than seven days’ written notice to his employer or any other

longer period, not exceeding three months, that is stipulated in the

written agreement.

(3)

It shall be the duty of the employer to

(a) keep adequate records to show that the limits specified

in regulations 7 and 9, and the requirements pursuant

to regulation 10 are being complied with in the case of

any workers to whom these regulations apply, and

(b) to retain such records for at least two years from the

date on which they are made.

(4) When an employer fails to keep records under any relevant

provision in these regulations in relation to an employee, the onus

of proving, in proceedings before a Court, that the said provision

was complied with in relation to the employee shall lie on the

employer.

Unfair dismissal and other offences

(1) An employee who is dismissed shall be regarded for

the purposes of these regulations as having been unfairly dismissed

if the reason, or, if more than one, the principal reason, for the

dismissal is that the employee -

(a) refused, or proposed to refuse, to comply with a

requirement which the employer imposed, or proposed

to impose, in contravention of these regulations;

(b) refused, or proposed to refuse, to forgo a right

conferred on him by these regulations.

(2) In cases referred to in subregulation (1), a worker may

present a complaint to the Industrial Tribunal set up in terms of Part

III of Title II of the Act, that his employer -

(a) has refused to permit him to exercise any right he has

under these regulations; or

(b) has failed to pay him the whole or any part of any

amount due to him under regulation 8.

Any person who contravenes or fails to comply with the

provisions of any of these regulations shall be guilty of an offence

against the Act in terms of article 45 of the Act and shall be liable

to a minimum fine (multa) of four hundred and sixty-five euro and

eighty-seven cents (465.87).

These regulations supersede any less favourable relevant

provisions in any regulations, orders or other subsidiary legislation

made under or kept in force under the Act, and any such relevant

provisions are hereby being revoked.