Working Time Act

Skuxx

Just a quick question regarding the working time act, would I be correct thinking for most workers the maximum you can work is 48 hours average over 16 weeks?

If you exceed this, what are the consequences and is it against the employee or the employer?
I have just realised I am over the average, but I don't want to take time off if I don't have to. Should I highlight the issue to me employer or should I wait and see if they come to me?

OMM 0000

Punishment is light:

http://www.irishstatutebook.ie/eli/1997/act/20/section/34/enacted/en/html#sec34

If I understand correctly, you are happy to be working long hours and you hope your employer won't prevent you from working long hours?

I have an employee who works too much. I've told him to stop working so much. But he continues to do so. There's nothing I can do except punish him, but I'm not going to do that. It's his choice and he knows its not necessary, so I leave him to it.

Skuxx

OMM 0000 wrote: »

Punishment is light:

http://www.irishstatutebook.ie/eli/1997/act/20/section/34/enacted/en/html#sec34

If I understand correctly, you are happy to be working long hours and you hope your employer won't prevent you from working long hours?

I have an employee who works too much. I've told him to stop working so much. But he continues to do so. There's nothing I can do except punish him, but I'm not going to do that. It's his choice and he knows its not necessary, so I leave him to it.

Yeah I am happy for the moment, especially with Christmas coming up I don't feel I need time off at the moment. If it is my responsibility to monitor it then I will take time off, if its my employer, I presume they will monitor it and tell me to take time off if required!

OMM 0000

The fact they haven't complained means either they haven't noticed or don't care.

If I were you I'd just keep doing what you're doing and say nothing.

I'm assuming you're being paid by the hours btw.

Xterminator

The employer is required to be compliant. the employee is not obliged to monitor, work out average and inform employer.

This is usually managed by technology, eg clocking system with software rules to show compliance. If your employer does not have a system in place, or does not enforce the rules that exist, really has no bearing on you.

just continue on until you are told different.

caviardreams

There was a case on this recently enough - the employer is potentially liable I believe so they are leaving themselves open to a possible case down the line, and it would be prudent to not let such a situation develop as it is a risk
https://www.irishtimes.com/business/economy/executive-awarded-7-500-for-having-to-deal-with-late-night-emails-1.3584537