Organisation of Working Time (General Exemptions) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 21/1998
• Year: 1998

S.I. No. 21 of 1998.
ORGANISATION OF WORKING TIME (GENERAL EXEMPTIONS) REGULATIONS, 1998.
I, TOM KITT, Minister for Labour, Trade and Consumer Affairs, in exercise of the powers conferred on me by subsection (3) of section 4 of the Organisation of Working Time Act, 1997 (No. 20 of 1997), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), and having complied with subsection (4) of the said section 4, hereby make the following regulations:
	1 Citation and commencement	1. These Regulations may be cited as the Organisation of Working Time (General Exemptions) Regulations, 1998, and shall come into operation on the 1st day of March, 1998.
	2 Definitions	2. In these Regulations—
"the Act" means the Organisation of Working Time Act, 1997 (No. 20 of 1997);
"the exemption" means the exemption provided for by Regulation 3(1) of these Regulations.
	3 Exemption	3. (1) Without prejudice to Regulations 4 and 5 of these Regulations and subject to the subsequent provisions of this Regulation, each of the activities specified in the Schedule to these Regulations is hereby exempted from the application of sections 11, 12, 13 and 16 of the Act.
(2) The exemption shall not, as respects a particular employee, apply in relation to
(a) section 11, 12, 13 or 16 of the Act if the employee—
(i) is not engaged wholly or mainly in carrying on or performing the duties of the activity concerned,
(ii) is exempted from the application of that section by virtue of regulations under section 3(3) of the Act,
or
(iii) falls within a class of employee in relation to which a joint labour committee (within the meaning of the Industrial Relations Acts, 1946 to 1990) may perform functions under those Acts,
or
(b) section 16 of the Act if the employee is a special category night worker within the meaning of subsection (3) of the said section 16.
(3) The exemption shall not apply, as respects a particular employee, if and for so long as the employer does not comply with Regulation 5 of these Regulations in relation to him or her.
	4 Compensatory rest periods	4. If an employee is not entitled, by reason of the exemption, to the rest period and break referred to in sections 11, 12 and 13 of the Act, the employer shall ensure that the employee has available to himself or herself a rest period and break that, in all the circumstances, can reasonably be regarded as equivalent to the first-mentioned rest period and break.
	5 Duty of employer with respect to the health and safety of employee	5. (1) An employer shall not require an employee to whom the exemption applies to...