Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 5 of the Convention. Compensatory rest period. The Committee recalls its previous comments that the rest period may not be replaced by monetary 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. In its report, the Government indicates that if an employee is paid an extra allowance for working on a Sunday instead of being granted extra time off, he or she will still be entitled to the weekly rest entitlements under the Organisation of Working Time Act 1997. If extra time off is granted for working on a Sunday, this will be in addition to the normal weekly rest. The Committee understands that, under section 13(5), Sunday is the traditional day of rest and unless otherwise provided in the employee’s contract of employment, the employee’s weekly rest shall be a Sunday or include a Sunday. While noting the Government’s explanation, the Committee considers that, as it currently reads, the Organisation of Working Time Act does not guarantee that an employee who may be required to work on a Sunday, and whose normal weekly rest day is Sunday, will be granted in all cases compensatory rest – independently of any monetary compensation. The Committee accordingly invites the Government to consider the possibility of aligning the national legislation with the provisions of the Convention in this respect.