The Organisation of Working Time Act 1997 is a very important piece of employment legislation that governs a number of the fundamentals of the employment relationship such as leave entitlement, maximum working hours, rest periods and breaks. Generally, employees who work 4.5 hours are entitled to a 15 minute break during their working hours or a total of 30 minutes break if they work 6 hours (which can include the first 15 minutes). Breaks should not take place at the end of the working day and must be scheduled for rest purposes. Rest breaks do not normally have to be paid,but there may be an established practice of providing paid breaks that are relevant in a number of different organisations and industries, or the provision of paid or additional break time may be determined by a legally binding Joint Labour Committee e.g in the retail grocery trade. Also employers who employ young people under the age of 18 should note that they are responsible for providing longer break periods during work hours.

Finally,it is important for employers to realise that in respect of breaches under the Working Time Act, a Rights Commissioner has the power to award compensation that is just and equitable, of up to two years remuneration and the onus will be on employers to prove that they are complying with the legislation.

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