Working time records – your obligations

As an employer you must keep detailed records of the hours your employees work each day and week, as well as details of any leave they take. 

This requirement is set out in the Organisation of Working Time Act 1997.

You must keep these records for 3 years.

An inspector from the Workplace Relations Commission (WRC) has the power to get full access to these records and you are expected to have them available for inspection, if and when requested.

If you fail to keep records you are guilty of an offence and are liable to a fine of up to €1,900.

Find our more about WRC workplace inspections 

So, what records do you need to keep…

Working time records should include the following:

• Name and address of each employee, their PPS number and a brief statement of their duties as an employee
• Their starting time
• Their finishing time
• Hours worked each day
• Hours worked each week
• Leave taken.
• Any additional day’s pay for a public holiday

The records must be presented in a format that the inspector can easily understand.

You are not required to record rest breaks provided you use an electronic record keeping system, or an OTW1 form; and employees are informed of their legal entitlements to rest breaks.

And how do you keep them…

If you don’t have an electronic clocking system you need to complete an OWT1 form, on a daily and weekly basis.

With the OWT1 form, you can keep track of your employees’ hours of work and their breaks taken.

Employees then have the form signed by their manager at the end of every week which should then be kept in their personnel file. 

Here’s the OWT1 form you need if you don’t have electronic recording.

Requesting an employee to complete a timesheet is a reasonable management order and if it’s not followed this could lead to a disciplinary matter and disciplinary action.

There are exemptions…

The regulations provide some exemptions for record keeping as follows:

1. For workers who determine their own working time; and
2. For work performed voluntarily by your employee

But there’s more…

In addition to the working time records, you are also obliged to keep a record of the statement you have given to each employee setting out their terms and conditions of employment.

You have given all your employees a statement or contract of employment, haven’t you?

If not, you are leaving yourself open to a claim from each employee.

So, you should action it now.

You can get access to the employment templates you need below, all of which are suitable for employees only.  

Simply click on the one that best suits your needs and ‘voila’ you’ve got your contract sorted.

• Employment contract that’s appropriate for most staff working for you
• Employment contract suitable for managers and more senior roles
• Employment contract for directors

If you’re unsure about what sort of contract you need take a look at our guide Which contract should I use to hire someone?

What to do now…

In our experience a number of employers fail to keep appropriate working time records.

Keeping these records is not rocket science, but just require a little bit of discipline.

Your records may also prove very useful in defending other claims against you and will certainly indicate that you are a responsible employer.

So, if you don’t currently record your employees’ working time start now.

Don’t delay.