Regulation 13 Amendment of section 17 of Organisation of Working Time Act 1997
Section 17 of the Organisation of Working Time Act 1997 (No. 20 of 1997) is amended -
(a) in subsection (1), by the substitution of "that week, and the employee's employer shall ensure the work takes place within predetermined reference hours and days." for "that week.",
(b) by the insertion of the following subsection after subsection (1):
"(1A) When the requirements of subsection (1) are not met by the employee's employer, an employee shall have the right to refuse to work during the reference hours and days predetermined by the employer in accordance with that subsection without adverse consequences.", and
(c) by the insertion of the following subsections after subsection (5):
"(6) In this section -
'reference hours and days' has the same meaning as it has in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 [OJ No. L 186, 11.7.2019, p. 105.] on transparent and predictable working conditions in the European Union;
'seafarer' has the same meaning as it has in the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 2009 [OJ No. L 124, 20.5.2009, p. 30.];