Information Circular No 25/2016: Removal of General Exclusion from Organisation of Working Time Act

By Industrial Relations Officer

PDFORRA is extremely pleased with the recently announced Government decision to remove the blanket exclusion of members of the Defence Forces from the Provisions of the Working Time Directive.

The Association is looking forward to actively engaging with the Department regarding the manner of implementation of the Directive into the work practices of the Defence Forces. PDFORRA understands from discussions with the Department that exemptions will be sought for certain work practices, and PDFORRA will endeavour to ensure that those sought are reasonable and necessary for the proper functioning of the Defence Forces and do not encroach on the correct entitlements of our members.

This has been a long road for PDFORRA, the Association has increased its engagement on this issue over the past few years, starting with the use of the Directive and attendant case law to have our members paid Holiday Pay.

This has been followed with claims at Conciliation and Arbitration for additional elements of pay to be included in Holiday Pay and issues related to the application of the National Minimum Wage Act.

This work culminated last year, with the Association’s Solicitor, Fergus O Regan, initiating three legal actions related to the Directive and the carryover of leave.

This year PDFORRA submitted numerous pieces of correspondence to both the Dept. of Defence and the Minister for Employment advising of the Association’s intention to undertake legal action.

PDFORRA will endeavour to keep our members informed through the publication of regular Information Circulars and informative articles in the Defender Magazine as developments arise. Moreover, PDFORRA will continue to assist our members through access to legal counsel where breaches of the Directive are highlighted.

 

Issued on the 01/12/2016

 

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