Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Ireland (Ratification: 1930)

Article 4 of the Convention. Total or partial exceptions. In its previous comment, the Committee noted that the provisions of section 13(3) of the Organization of Working Time Act of 1997 may lead to abuse since they leave it entirely to the discretion of the employer to suspend a weekly rest period, without being subject to any safeguards. It emphasized that in the case of suspensions or diminutions of the rest period authorized under Article 4 of the Convention, a proportionality test is needed between the interest of the workers to have a weekly rest period in the course of each period of seven days and the objective need of certain industrial undertakings to suspend the weekly rest period for economic reasons. In its reply, the Government indicates that the suspension of weekly rest provided for under section 13(3) of the Organization of Working Time Act has not been brought to the attention of the Department of Jobs, Enterprises and Innovation as a provision which is being abused by employers. The Government also indicates that it will examine this provision in the context of any further review of the legislation and in the light of any issues which may arise in the meantime in relation to this provision. In this connection, the Committee wishes to emphasize that weekly rest is essential for the health and well-being of workers and therefore recourse to total or partial exceptions must be limited to what is strictly necessary. The Committee trusts that should any problems arise in the future regarding the application of this Article of the Convention, the Government will take all necessary measures to regulate the conditions under which and the limits within which exceptions to weekly rest may be authorized with a view to protecting workers from any risk of abuse.

Article 5. Compensatory rest. With reference to its previous comment, the Committee notes the Government’s indication that section 14(1) of the Organization of Working Time Act of 1997 provides not only for the payment of a reasonable allowance to employees performing work on the weekly rest day, or alternatively, the increase of the employee’s rate of pay by a reasonable amount, but also for the possibility of granting reasonable paid time off from work or for a combination of any of the above. The Government also indicates that the Organization of Working Time Act does not give precedence to extra time off as method of compensation for Sunday work, but as a matter of fact, employees who work on Sundays usually have an extra day off during the week. In this connection, the Committee wishes to recall that according to the letter and the spirit of the Convention, the rest period may not be replaced by the payment of compensation and should be granted, as far as possible, regardless of any such cash compensation, it being understood that a minimum of rest and leisure every week is essential to protect the workers’ health and well-being. It is indicative that under Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which pertains to the weekly rest of those employed in trading establishments and administrative services, and which the Government is strongly encouraged to ratify, employees who are required to work on the day of weekly rest, must be granted compensatory rest of a total duration at least equivalent to the normal 24-hour rest period. The Committee therefore invites the Government to consider appropriate action in order to align the national legislation with what seems to be usual practice under the Organization of Working Time Act.