Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el descanso semanal (industria), 1921 (núm. 14) - Irlanda (Ratificación : 1930)

Article 5 of the Convention. Compensatory rest period. Further to its previous comments, the Committee notes that the Government refers in its report to section 14 of the Organisation of Working Time Act, 1997, which provides that an employee who is required to work on a Sunday shall be compensated by his or her employer for being required so to work by the following means, namely: (a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances; or (b) by otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances; or (c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances; or (d) by a combination of two or more of the means referred to in the preceding paragraphs. The Government also indicates that: (i) if a worker is paid an extra allowance for working on a Sunday instead of being granted extra time off, they will still be entitled to the weekly rest entitlements under the Organisation of Working Time Act; and (ii) if extra time off is granted for working on a Sunday, this will be in addition to the normal weekly rest. Noting the Government’s explanation, the Committee observes that section 14 of the above-mentioned Act provides for exclusionary and not cumulative options, which leaves open the possibility that in some cases (mainly under section 14(a), (b) and (c)) work during the weekly rest period is only remunerated without workers actually benefiting from an equivalent period of compensatory rest. The Committee recalls that the Convention requires that each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions of the weekly rest period. Recalling the importance for workers’ health and well-being of granting compensatory rest of at least 24 hours in cases where a worker is required for whatever reason to perform work on the weekly rest day, the Committee requests the Government to take the necessary measures to ensure that, as far as possible, workers who are deprived of their weekly rest period are granted compensatory rest.

The Committee is raising other matters in a request addressed directly to the Government.