Working Time and Rest Breaks

Source: Organisation of Working Time Act 1997 (No. 20 of 1997)

Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.

Irish National Law

What is this right?

Irish law sets limits on working hours and guarantees rest periods. The key rules are:

  • Maximum 48-hour working week — averaged over 4 months (or 6/12 months in certain sectors by collective agreement).
  • Daily rest: At least 11 consecutive hours off in every 24-hour period.
  • Weekly rest: At least 24 consecutive hours off in every 7 days, following the 11-hour daily rest.
  • Rest breaks: 15 minutes after 4.5 hours of work; 30 minutes after 6 hours (which can include the first 15-minute break).
  • Annual leave: 4 weeks per year for full-time employees, plus 9 public holidays.

Night workers (those who work at least 3 hours between midnight and 7 a.m.) must not work more than an average of 8 hours per 24-hour period.

When does it apply?

  • You are an employee — the Act covers most workers, but the Gardaí, Defence Forces, and some transport workers have separate regulations.
  • Young workers (under 18) have additional protections under the Protection of Young Persons (Employment) Act 1996 — they cannot work more than 8 hours per day or 40 hours per week.
  • Employers can vary rest breaks by collective agreement or ERO (Employment Regulation Order), but total rest must be equivalent.

What should you do?

  • Keep your own record of hours — note start times, finish times, and breaks each day.
  • Your employer must keep records of your working time for at least 3 years — ask to see them.
  • If you are being denied rest or forced to work excessive hours, raise it with your employer or union rep.
  • File a complaint with the WRC within 6 months of the breach (extendable to 12 months for reasonable cause).
  • On a public holiday, you are entitled to one of: a paid day off, an extra day of annual leave, an extra day's pay, or a paid day off within a month.

What should you NOT do?

  • Don't sign away your right to rest breaks — the maximum working week and minimum rest periods cannot be waived by contract.
  • Don't let unused annual leave vanish — your employer must let you take your leave. Unused leave can be carried over or paid out only when you leave the job.
  • Don't confuse breaks with "on-call" time — if you must stay at your workstation during a break, it may not be a genuine rest break.

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