Organisation of Working Time Act 1997
The law governing maximum working hours, rest breaks, and annual leave.
This is the #1 area for WRC fines in hospitality. Staff are entitled to a 15-minute break after 4.5 hours and 30 minutes after 6 hours. You must keep records of these breaks. "We were too busy" is not a legal defence.
Frequently Asked Questions
Yes, split shifts are legal, but you must respect the "Daily Rest" requirement. Employees are entitled to 11 consecutive hours of rest in every 24-hour period. If a split shift cuts into this rest period, you may need to provide "compensatory rest" nearby. Furthermore, you must notify staff of their rostered hours at least 24 hours in advance.
The maximum average working week is 48 hours. This is not a strict weekly cap but an average calculated over a "reference period" (usually 4 months). This means an employee can work 60 hours one week, provided they work fewer hours in subsequent weeks to bring the average down to 48. Consistently rostering staff for 50+ hours every week is a breach of the Act.