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#1 Posted : 03 July 2001 07:53:00(UTC)
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Posted By Brian Peirce Can anyone confirm whether or not the Working Time Regulations 1998 apply in the Republic of Ireland. I would assume they do as Eire are in the EC but would appreciate confirmation. Reason for asking is that I have a friend whose daughter has just begun a 12 month work placement in Eire as part of her degree course in Hotel and Catering. She arrived in Eire over the weekend and the hotel say they are expecting her to work an average 60 hour week. In addition they require her to work some back to back shifts e.g.5pm to 3 a.m. followed by 9 a.m. to 9 p.m. the next day. Since both demands contravene the Regs in U.K. I would be interested in any views. Thanks Brian
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#2 Posted : 03 July 2001 13:14:00(UTC)
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Posted By Jay Joshi There is:- 1)ORGANISATION OF WORKING TIME ACT, 1997 1997 NUMBER 20 (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.) 2)ORGANISATION OF WORKING TIME (CODE OF PRACTICE ON COMPENSATORY REST AND RELATED MATTERS) (DECLARATION) ORDER, 1998 S.I. No. 44 of 1998. 3)ORGANISATION OF WORKING TIME (GENERAL EXEMPTIONS) REGULATIONS, 1998 S.I. No. 21 of 1998. There are other orders etc
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#3 Posted : 03 July 2001 20:57:00(UTC)
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Posted By Dave Partington Doudtless Eire are bound by this Directive. I assume the hotel expect this lady to waive her rights under this directive, which they can do under this poor directive. If they do so they need to ask her to sign a statement stating that she wishes to waive her rights with regards to hours worked. They also need to record her hours worked. There is no other way of saying this. This directive except for night workers is a waste of paper. Sorry.
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#4 Posted : 05 July 2001 10:38:00(UTC)
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Posted By Juliet Fennell Yes, Ireland does have similar legislation, for anyone interested all Irish legislation up to 1998 is on the web, it will be updated this year to 2000 apparently. Check out www.irlgov.ie/ag/, then access Irish Statute Book and the act you want is 1997, Organisation of working time Act. There is also a code of practice SI 44/98 - which you should be able to access under regulations. In summary, the average working week should not exceed 48 hours averaged usually over 4 months. There must be a rest period of 35 consecutive hours, the daily rest period must be at least 11 consecutive hours in each 24 hour period. If the staff of the hotel have a collective agreement approved by the Labour Court they may work above an average of 48 hours. I will point out that the hospitality industry in particular have been notorious in terms of hours worked and length of shifts especially for trainees (degree students seeking experience) I have often been served a last drink by the same person who serves breakfast the next morning and may have only had 4 hours inbetween. However this was all prior to the introduction of the Act and I do not know how the industry in general have changed. If the girl in question has the ability to join a union that may work in her favour. Should she not like the circumstances in that particular hotel the good news is that there are loads of catering/hotel jobs in Ireland and she should find one suited to her. I hope this is of help, contact me if you need anything, Juliet Fennell
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#5 Posted : 05 July 2001 17:44:00(UTC)
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Posted By Brian Peirce Many thanks for your replies - much appreciated.They have been an immense help. Best Regards Brian
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