1. Introduction
Section 25 of the Organisation of Working Time Act 1997 requires employers to maintain records of working hours, rest breaks and annual leave. Section 25(4) provides that where an employer fails to keep records, the onus is on the employer to prove compliance with the working time provisions.
This article considers the record-keeping requirements, the form prescribed by regulation, and the strategic significance of Section 25(4) in WRC complaints.
2. Legislation and Case Law
Section 25(1) of the 1997 Act requires every employer to keep records of starting and finishing times, the number of hours worked each day and each week, the leave granted under Sections 19 to 23, and the payments made.
The Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. 473 of 2001) prescribe the form for record-keeping, known as the OWT 1 record. Employers using clock-in systems that capture the same information may be exempt from the prescribed form requirement.
Section 25(4) provides that where, in proceedings under the 1997 Act, the records of the employer in respect of the matter in question are inadequate or have not been kept, the onus is on the employer to prove compliance with the provision concerned.
Section 25(5) creates an offence of failing to keep records as required, with prosecution lying with the Department of Enterprise, Trade and Employment.
3. Decision
The WRC will examine the records produced by the employer and assess their adequacy. Where the records are inadequate or have not been kept, Section 25(4) shifts the burden to the employer to prove compliance.
In practice, the burden shift means that the complainant’s own records (which may be informal notes, calendar entries, or correspondence) are likely to be accepted in the absence of contradicting employer records.
Compensation under Section 27 may reflect not only the substantive breach but also the failure to keep records, which the Labour Court has identified as a serious breach in its own right.
4. Takeaway
Employers must maintain working time records in the prescribed form (OWT 1) or in an equivalent format capturing the required information. The records must be retained for three years and produced on request to an inspector.
Employees who suspect a breach should request access to their own working time records under data protection law and retain their own informal records. The combination of inadequate employer records and contemporaneous employee records is often decisive.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
