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15 Hour shifts question

  • 15-10-2012 9:16am
    #1
    Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭


    Hi guys just wondering is it legal to be rostered for a 15 hour shift? Havent heard of anyone working this long of a shift n=before, just wondering is it allowed. i think it may be dangerous especially if you have to drive home after work.


    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    No not illegal per se, but other factors come into it. For example the working week should not exceed 48 hours on average. You can work more than 48 hours in a week, but if you work more than 48 hours average per week over a 4 mth period (or 6 mths for some industries) then this is a breach of the working time act.

    In addition
    (a) You are entitled to 11 consecutive hours rest in any period of 24 hours. In addition you should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods already mentioned, or

    (b) As an alternative your employer can give you two 24-hour rest periods in the week that follows one in which you did not get the entitlement described in (a) above.

    Unless your contract provides otherwise your 24-hour rest period referred to above should include a Sunday.

    so if working 15 hour shifts causes either the average week to exceed 48 hours or results in the employee not getting sufficient rest then it is illegal.


  • Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    Just be aware that the Transport industry and the Security industry are exempt from the Working Time Act by ministerial order. I.e. they can make you work as often and as long as they like.

    I found this out the hard way :(


  • Registered Users, Registered Users 2 Posts: 1,213 ✭✭✭shakin


    Elessar wrote: »
    Just be aware that the Transport industry and the Security industry are exempt from the Working Time Act by ministerial order. I.e. they can make you work as often and as long as they like.

    I found this out the hard way :(

    Well im in private security. Transport industry exempt? as in drivers? sure they have very strict time constraints.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    shakin wrote: »
    Well im in private security. Transport industry exempt? as in drivers? sure they have very strict time constraints.
    Transport industry can include things like sailors, pilots, etc, where a maximum working week might be difficult. There are other legislation governing maximum times behind the wheel and so forth, which is separate to the maximum working time.

    Private security in general has no exemption from the Working Times Act. The security industry workers who are exempt are:

    http://www.irishstatutebook.ie/1998/en/si/0052.html
    1. The activity of a person employed in a prison or place of detention, being an activity that involves the maintenance of security in that prison or place of detention or the control or care of prisoners and which cannot be carried on within the normal rostering schedules applicable to that prison or place of detention.

    2. The activity of a person employed by a fire authority in the position commonly known as retained fire fighter.

    3. The activity of a person, other than a member of the Garda Síochána, employed as an authorised officer (within the meaning of the Air Navigation and Transport Acts, 1950 to 1988, and any enactment amending or extending those Acts).

    4. The activity of a person employed by Dublin Port Company as a member of its harbour police.

    5. The activity of a person employed in the Irish Marine Emergency Service, not being an activity of a clerical nature.


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