HORSE racing has officially recovered its 'agriculture' status in the eyes of the Department of Employment Affairs and Social Protection.

A statutory instrument signed this week by Minister Regina Doherty offer the possibility of derogations from some working time rules for certain activities in the racing industry.

This will provide employers with some flexibility in the application of working time rules to staff working in the industry, subject to certain conditions and safeguards designed to ensure that workers are protected.

It will mean that where these conditions are met, certain rest periods or breaks may be deferred until a later time, but the employee should receive those statutory breaks as soon as possible thereafter.

Importantly, the regulations will not change the existing rules in relation to maximum weekly working hours.

Minister Doherty said: "I am very conscious of my responsibility to ensure that employees in the industry are fully protected in relation to their employment rights. In order to ensure a fair balance between the needs of both employees and employers, I have consulted with representatives of both employees and employers in the industry over the past year to arrive at an equitable solution – which I believe these regulations reflect.”

A press release issued by the Department stressed that "neither the Directive nor the Organisation of Working Time Act 1997 provides a blanket derogation for workers employed within the agricultural sector. Rather, they permit a derogation from some of the obligations under the Directive for agricultural workers but only where the following criteria are met:

- the workers are engaged in activities involving ‘the need for continuity of service or production’ or where there is ‘a foreseeable surge in activity’

- the workers are required to be engaged wholly or mainly in performing the activities concerned, and

- where an employer avails of a derogation, they must provide compensatory rest for the workers involved. This compensatory rest is to be provided immediately or as soon as possible after the time at which the statutory rest break falls due."

ONGOING INSPECTIONS

The Minister added: “I would also like to acknowledge the role of the Workplace Relations Commission [WRC] in overseeing compliance with employment legislation in the horse racing industry and the ongoing inspection activity that the WRC is currently undertaking.

"In this regard, the WRC has been working with Horse Racing Ireland to draw up guidance for employers in the sector to improve awareness of respective rights and responsibilities under employment law.

"I understand that the work on the joint guidance initiative has been progressing well and, in the context of this regulation, I have written to the WRC and Horse Racing Ireland urging them to bring this work to completion as soon as possible.

"This joint guidance will be important in ensuring increased levels of compliance with employment legislation generally in the sector and in this context I will be keeping the regulations under review.”

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