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Organisation of Working Time Act, 1997 (No. 20)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-10)1. Short title and commencement.2. Interpretation.3. Non-application of Act or provisions thereof.4. Exemptions.5. Employer relieved from complying with certain provisions in certain circumstances.6. Compensatory rest periods.7. Regulations and orders.8. Inspectors.9. Repeals.10. Expenses.Part II Minimum Rest Periods and other matters relating to Working Time (ss. 11-18)11. Daily rest period.12. Rests and intervals at work.13. Weekly rest periods.14. Sunday work: supplemental provisions.15. Weekly working hours.16. Nightly working hours.17. Provision of information in relation to working time.18. Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances.18A. Banded hours.Part III Holidays (ss. 19-23)19. Entitlement to annual leave.20. Times and pay for annual leave.21. Entitlement in respect of public holidays.22. Public holidays: supplemental provisions.23. Compensation on cesser of employment.Part IV Miscellaneous (ss. 24-41)24. Approval of collective agreements by Labour Court.25. Records.26. Refusal by an employee to cooperate with employer in breaching Act.27. Complaints to rights commissioner.28. Decision of Labour Court on appeal from decision referred to in section 27(3).29. Enforcement of determinations of Labour Court.30. Evidence of failure to attend before or give evidence or produce documents to Labour Court.31. References to rights commissioner by Minister.32. Provisions in relation to outworkers who are employees.33. Prohibition on double employment.34. Penalties, proceedings, etc.35. Codes of practice.36. Provisions in relation to Protection of Young Persons (Employment) Act, 1996.37. Voidance of certain provisions.38. Amendment of section 51 of Safety, Health and Welfare at Work Act, 1989.39. Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.40. Alternative means of claiming relief in cases of non-compliance with Part III.41. Increase of penalties under certain enactments.First Schedule Transitional Provisions in relation to Annual Leave EntitlementsSecond Schedule Public HolidaysThird Schedule Entitlement under section 21 in respect of Public Holidays: ExceptionsFourth Schedule Enactments RepealedFifth Schedule Transitional Provisions in relation to section 15(1)Sixth Schedule Text of Council Directive
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 September 1997 - onwards
Version 2 of 2

31. References to rights commissioner by Minister.

Where -

(a) it appears to the Minister that an employer is not complying with a relevant provision (within the meaning of section 27) in relation to a particular employee,

(b) a complaint under section 27, in relation to the matter, has not been presented to a rights commissioner by that employee or any trade union of which he or she is a member, and

(c) the circumstances touching the matter are, in the opinion of the Minister, such as to make it unreasonable to expect the employee or any trade union of which he or she is a member to present such a complaint,

the Minister may present a complaint in relation to the matter to a rights commissioner and a complaint so presented shall be dealt with, and the provisions of this Part shall, with any necessary modifications, apply to the complaint, as if it were a complaint presented by the employee concerned under section 27.

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