432. Deputy Sean Fleming asked the Minister for Enterprise, Tourism and Employment to respond to matters raised in correspondence (details supplied). [73523/26]

The Organisation of Working Time Act 1997 (OWTA), as amended, transposes the EU Working Time Directive (2003/88/EC) into Irish law and sets out minimum rest periods, maximum working time limits, annual leave entitlements and other miscellaneous issues.

The OWTA provides for essential employment rights which aim to ensure employees have sufficient health and safety standards in terms of working time, and it is important for all employers to ensure they are in compliance.

There are both general and limited exemptions contained both in the Act itself and in Regulations made on foot of the primary legislation. Section 4 provides for specific exemptions and also allows the Minister to exempt by Regulation defined classes of activities from particular Part II obligations.

There is no application process for seeking exemptions from the requirements of the OWTA. Where the Regulations apply to a particular activity, their provisions must be complied with by the employer and, in the event of a dispute or complaint under the Organisation of Working Time Act, the correct referral body is the Workplace Relations Commission (WRC).

It is outside the functions of my Department to provide legal advice on the applicability of the legislation to specific cases. Independent legal advice should be obtained by the employer should the need arise.

The WRC publishes Codes of Practice to assist both employers and employees in complying with legislation. The WRC have published a Code of Practice on Compensatory Rest Periods, which arise in circumstances where employees cannot avail themselves of the rest or break periods provided for in the Act.