Mary Wallace (Meath East, Fianna Fail)
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Question 137: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the details in relation to the working time Act in connection with a person who is working in two different places of work; the maximum hours that this person would be entitled to work; and if she will make a statement on the matter. [12479/10]

Dara Calleary (Mayo, Fianna Fail)
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The Organisation of Working Time Act 1997 provides that an employee shall not work more than an average of 48 hours a week averaged generally over a 4 month reference period. In relation to employees whose work is subject to seasonality or to a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production, the reference period is 6 months. The reference period can be extended up to 12 months in respect of employees who have entered into a collective agreement providing for such a reference period and, provided the collective agreement is approved by the Labour Court.

Night workers shall not work more than an average of 48 hours a week averaged over a 2 month period or longer if a collective agreement is approved by the Labour Court. However, night workers whose work involves special hazards or heavy physical or mental strain shall not work more than a total of 48 hours a week.

The 1997 Act also provides that an employee is entitled to a break of 15 minutes after working more than four and a half hours and a further break of 15 minutes after working more than six hours. If a break is not taken after more than four and a half hours work, a 30 minute break may be taken after more than six hours work.

The Act provides that an employee is entitled to eleven consecutive hours rest in a twenty four hour period and thirty five consecutive hours rest in a seven day period. If an employee does not receive the thirty five hour rest period in seven days he/she is entitled to a rest period of fifty nine consecutive hours in 14 days.

These terms apply to a worker or employee under a single contract of employment with his/her employer, to include a person who is working in two different places of employment for such employer. As regards a worker who works under more than one contract of employment for a single employer, section 15(1) of the 1997 Act provides that an employer shall not permit an employee to work more than an average of 48 hours in each period of seven days. As regards a worker who works under more than one contract of employment for more than one employer, Section 33 of the 1997 Act provides that the aggregate of the hours he or she works for both employers cannot exceed an average of 48 hours per week.