- Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at the Redundancy Process . Read more >>>
- Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
- What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>
Remote workers - breaks and rest periods while working from home
Where your employees remain remote working from home, the same rules regarding statutory breaks and rest periods that applied before COVID-19 continue to apply. It is therefore essential that employers are communicating the requirement for employees to take breaks and rest periods.
Working Hours & Breaks
The maximum number of hours that an employee should work in an average working week is 48 hours. This working week average should be calculated over a four-month period. There are however some exceptions to this average period.
Averaging may be balanced out over a 4, 6 or 12 month period depending on the circumstances.
The 48-hour net maximum working week can be averaged according to the following rules:
- for employees generally - 4 months
- for employees where work is subject to seasonality, a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production - 6 months
- for all employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months.
Employees are entitled to:
- A daily rest period of 11 consecutive hours per 24 hour period
- A weekly rest period of 24 consecutive hours per seven days, following a daily rest period
- A 15-minute break where more than 4½ hours have been worked
- A 30-minute break where more than 6 hours have been worked, which may include the first break.
For queries relating to the management of employees in the workplace, or any HR and employment law matters, contact the team at Adare Human Resource Management –firstname.lastname@example.org / 01 5613594.