1. Introduction

Section 15 of the Organisation of Working Time Act 1997 imposes a maximum average weekly working time of 48 hours, calculated over a reference period of four months (or six or twelve months in defined circumstances).

This article considers the calculation of average weekly working time, the available reference periods, and the implications for industries with regular overtime requirements.

2. Legislation and Case Law

Section 15(1) of the 1997 Act provides that an employer shall not permit an employee to work, in each period of seven days, more than an average of 48 hours, calculated over a reference period.

Section 15(2) sets the default reference period at four months, with the possibility of six months for certain categories of work specified in collective agreements, and twelve months by collective agreement.

The Court of Justice in Pfeiffer v Deutsches Rotes Kreuz Joined Cases C-397/01 to C-403/01 held that on-call time spent at the workplace counts as working time for the purposes of the Directive, even if the worker is permitted to rest during periods of inactivity.

Section 15 implements Article 6 of the Working Time Directive 2003/88/EC, which permits derogation from the weekly limit only through individual opt-outs (which Ireland has not implemented) or through the use of longer reference periods. 

3. Decision

The WRC will examine the working time records over the relevant reference period to determine whether the average has exceeded 48 hours. Where the employer has not maintained records, the burden shifts under Section 25(4).

Where the breach is established, the WRC will consider whether it was systemic or isolated, whether the employer took steps to address the breach when notified, and the impact on the employee.

Compensation under Section 27 may include an award reflecting the breach. The Labour Court has emphasised that compensation should be sufficient to deter future breaches.

4. Takeaway

Employers should monitor working hours on a rolling basis and intervene where individual employees are approaching the 48-hour average. Roster software can assist in identifying patterns before they become breaches.

Employees who consistently exceed 48 hours should raise the issue in writing with their employer, both to support any future complaint and to protect their own health and safety.

5. Further information

This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.

6. About Crushell & Co

Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.

We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.

Connect: @CrushellLaw or www.crushell.ie