Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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126. To ask the Minister for Jobs, Enterprise and Innovation the measures he will put in place to address breaches of the 1993 EU working time directive in private nursing home care; and if he will make a statement on the matter. [17476/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The Organisation of Working Time Act 1997 sets out statutory rights for employees in respect of rest, maximum working time and holidays, including protections regarding nightly working hours. It also provides for a means of redress where an employee believes that his or her rights under the Act have been infringed.

Under the Organisation of Working Time Act (OWT) 1997, the maximum average working week is 48 hours averaged over four months. This means that the average working week of an employee must not be greater than 48 hours over a reference period that does not exceed four months. This legislation also covers daily and weekly rest period entitlements. The general provisions of the legislation provide that employees must receive 11 consecutive hours rest in every period of 24 hours. This means that there must be one 11 consecutive hours break between the time the employee ceases work and commences the next shift. A maximum of 8 hours working time in a period of 24 hours is permitted when a night worker undertakes night work. Breaches of these provisions are matters of complaint to a Rights Commissioner. However, for certain categories of employees, including employees involved in the provision of services relating to the treatment or care of persons in a residential institution, hospital or similar, there are exemptions from the rest break provisions and the nightly working hours provisions of the OWT, subject to the legal requirement to provide compensatory rest. These exemptions are provided for in S.I. No. 21/1998 Organisation of Working Time (General Exemptions) Regulations 1998.

The National Employment Rights Authority (NERA) has an inspectorate which is empowered to carry out workplace inspections to ensure compliance with a range of employment rights legislation, including certain provisions of the Organisation of Working Time Act. One of the sectors which NERA inspects is the health, nursing and childcare sector, which includes private nursing homes.

Where NERA inspectors come across breaches of employment rights legislation, including the OWT, they will advise the employer to rectify the issue, and will advise the employee of the appropriate means of redress. Breaches of the OWT are primarily a matter for the Rights Commissioner service. If an employee believes that his or her rights under the Act have been breached, he or she may make a complaint, in the first instance, to a Rights Commissioner. A Rights Commissioner may award compensation of up to 2 years pay. NERA’s powers to prosecute in respect of breaches of OWT relate to the record keeping provision, and the provision regarding instances where an employee has more than one employer.

Further information on the Organisation of Working Time Act and other employment rights, including means of redress, is available from the Workplace Relations Customer Service of NERA. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on its website www.workplacerelations.ie.