The working time directive is also known as the road transport directive and these are a different set of rules which all hgv and pcv drivers must adhere to at the same time as the drivers hours rules. Working time regulations are monitored and enforced by the health and safety executive for factories, and local authorities for office and shops, etc. Working time directive mobile workers september 2015. By law, employers must keep records of night workers hours to show they do not work more than an average of 8 hours in any 24hour period. Standard working time, night work, overtime, rest periods, young workers. Working hours in scotland and the rest of the uk are governed by the working time regulations 1998. Paid holidays under the working time regulations legislation. Night workers should not work for more than an average of eight hours in each 24 hour period. Workers who normally work at night including those on regular rotating shifts, but excluding those who only occasionally work nights are protected under the working time regulations 1998 wtr. In the uk, the time spent by a worker travelling between home and work has traditionally not been classed as working time. This topic includes the application of the working times regulations offshore, and includes the organisation of working time, eg fatigue and shift patterns. This is why in 2017 the commission presented an interpretative communication and an implementation report on the working time directive. They also give workers and employees the right to paid leave and specified rest breaks.
A night worker is someone who regularly works for at least three hours during this period. Dec 23, 2019 if you work on sunday you are entitled to be paid a premium pursuant to section 14 of the organisation of working time act 1997, 14. Working time, rest periods, public holidays, and annual leave are all dealt with in irish law in the organisation of working time act, 1997. Build regular free weekends into the shift schedule.
Employers should ensure that the normal hours of their night workers do not exceed an. You are a night worker if you regularly work at least three hours during the night time. Working time directive wtdrtd explained commercial motor. Working hours in the uk are governed by the working time regulations 1998. These limit the working week to an average of 48 hours although there is an optout, and the working day to an average of 8 hours. Keeping your employees in the dark about night work in the uk. Working timerest periods employment rights ireland.
Not allowed to work more than eight hours for night shifts in any 24hour period. This law is sometimes called the working time directive or working time regulations. Gbeu drivers hours rules require that all work and rest time is recorded on a tachograph. They affect the number of hours an employee can work per week as well as the rest breaks the. United kingdom flexible working northern ireland legislation under provisions set out in the employment rights northern ireland order 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual. The regulations, which came into force in october 1998 uk9810154f, implemented the eu directive 93104ec on working time. The working time regulations 1998 apply across the uk. Working hours in the rail industry the starting point is the working time regulations 1998, which are designed to protect employees from working long hours. Managing offshore shift work and fatigue risk offshore information sheet 12018 provides advice on good practice for managing shift work, and associated risk, in the offshore industry. Even so, any changed period must be at least seven 7 hours long and it must include midnight 24.
An average maximum workweek of 48 hours, including overtime. Free practical law trialto access this resource, sign up for a free trial of practical law. The working hours of night workers are regulated by the organisation of working time act 1997. Visit us job vacancies rmt rule book my rmt update your details branch. But it must be a period of seven hours that includes 12am. What breaks am i entitled to under the working time regulations. In summary, the working time regulations state that a worker should not work for more than 48 hours per week. They affect the number of hours an employee can work per week as well as the rest breaks the employee is entitled to including breaks between shifts, annual leave and days off. Please note these rules are not the drivers hours rules. This was introduced in the uk in 1998 and gave new rights to employees and placed additional burdens on employers. A night worker cannot optout of the night work limit, the night work can be calculated over the 17 week reference period, but can be longer in some. If they do, it must be 7 hours long and include midnight to 5am.
A different proportion of annual working time can be specified within a collective agreement. Partner directory case studies book a partner demo. Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if youre a young worker maximum weekly working hours gov. The working time regulations limits the hours that workers can work each week. Nighttime is defined as between midnight and 4am for goods vehicles and 1am and 5am for passenger vehicles. European union eu rules on drivers hours and working time. Although people in the united kingdom work the longest hours on average in europe. These regulations apply to part time and full time workers, including agency workers and freelancers, but not to those who are selfemployed pursuing a business activity on their own account. The working time regulations, effective from october 1998, specifies certain limits and provisions regarding working hours and patterns for all employees. The most controversial and widely known provisions in the working time laws, however, concern the maximum working week.
Eu countries apply working hour directive similarly. If any of your workers do night work even casual, freelance and agency workers there are special regulations you must comply with the regulations define night time as the period between 23. Where many employers fall short is in understanding that travel during the working day for business purposes should get counted as working time. The european working time directive ewtd is a directive of the european union within the umbrella of health and safety legislation. Clearly this kind of work needs to take account of the working time directive, which is designed to prevent workers being forced to. These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. The definition of night time can be changed through a collective agreement. But the commission hadnt taken a single one of them to court. Nov 06, 2006 background to talks on the working time directive. The directive is a european union initiative designed to protect workers from exploitation by employers. Working time directive travel time employment law for travel to work is more complicated than this, though. The provisions in the latter directive which are implemented relate only to adolescents those aged. Why did the initiative attract so much attention, and why has it returned to the headlines.
Good practice guidelines health and safety executive. Average period of work inclusion of time on call night workers and shift workers. A limit of 10 hours in any 24 hour period if working at night. The research by three cambridge university academics was based on case studies of anonymous companies drawn from a range of sectors where long hours working is common. Uk for information on night working hours, including. The working time regulations, which came into effect on 1 october 1998 on 23 november 1998 in northern ireland, provide for paid holiday each year for all workers. The working time directive is also a great example of how britain plays by the rules even when it doesnt like them. The working time regulations 1998 came into force on 1 october 1998 and require employers to comply with rules on. And up to 2 years remuneration can be awarded in compensation to an employee for breaches of the act. Night shift workers rights uk working at night regulations. You can buy the book at uk and most good bookshops. Working time entitlements duration of working time.
Working time directive of 1993, implemented in the uk by the working time regulations 1998, introduced new rights to four weeks paid leave a year and limits on the length of the working day and working week. The uk s working time regulations 1998 wtr were therefore introduced at a time when employers were looking to increase the flexibility of their working time arrangements. It gives eu workers the right to at least 4 weeks in paid holidays each year. So when the working time directive capping the number of hours workers could work, regulating night work, legislating for rest breaks and paid annual leave was proposed as a directive on health and safety there was outrage. All workers are covered, irrespective of the hours that they work and whether or not they are referred to as employees. The average is usually calculated over 17 weeks, but it can be over a longer. The interpretative communication aims to increase legal certainty and clarity concerning interpretation of the directive, while the implementation report, required by article 24 of the working time directive. This policy agrees that all workers with callout arrangements will be excluded. Working time legislation in road transport originates from the following eu directives. Article 11 night workers to be notified to competent authorities if they so request. Poor handovers and working time directive causing hospital. Although the directive applies to all member states, in the uk it is possible to opt out of the 48 hour working week and work longer hours.
Jobs with different working time rules to the working time regulations. The working time directive regulations work in conjunction with the eu drivers hours rules ec5612006 and limit the amount of time worked rather than just the time. Working hours in the rail industry rail professional uk. Working time should not exceed 10 hours in any 24 hour period if any night work is undertaken. Working time archives the federation of international. Hospital at night was devised as a way of coping with the reduction in junior doctors maximum working week from the current 56 hours to 48 hours, when the next phase of the european working time directive comes into force in 2009. The rights and entitlements relating to length of night work. These guidelines relate the provisions of the regulations to the universitys working practices for support staff. Bosses will still able to ask employees to work more than a 48hour week under an eu agreement reached today in luxembourg. Working time regulations working hours, rest breaks and holiday. Young workers, apprentices and work experience rules on working hours and rest breaks for young workers aged 16 and 17.
Clearly any time when the employee is actually called out will be regarded as working time. Apr 29, 2002 the working time directive was highly controversial when it was introduced to the uk four years ago. Staff who regularly work at least 3 hours during the night period are night workers. You can choose to work more by opting out of the 48hour week. As a rule, a night worker would be someone who works at least three 3 hours during the night time period on a regular basis. Outlining employers legal duties to assess known and associated risks, this guide seeks to improve the understanding of shift work. This wasnt, surely a genuine health and safety measure. The first of october marks 20 years since the working time directive came into force. The uk never had an optout from the working time directive. The use of tachographs are also touched on in this book, for more details on the operationof. Working time directive health and safety executive. They also allow for paid annual leave and include employees rights to rest breaks and uninterrupted periods of rest.
However, if a worker does choose to claim their right not to work more than 48 hours per week. For this purpose, regular means for at least one third of the annual working time. The eu drivers hours rules affect workers who operate vehicles which are fitted with a. The uk is the only eu country that allows everyone at work to sign away their right to work no more than an average 48hour average working week. In the uk, unlike other eu member states, we allow workers to opt out of the 48. Library books, journals and databases subject guides. The european working time directive pubmed central pmc. Constructive guidance for employers, safety representatives, trade union officials, employees, regulators and any relevant organisational stakeholders. However, a recent judgment of the european court of justice ecj has changed the law, at least in. It is possible to work a 12 hour night shift as long as the average length of a night shift does. However, the transport sector was temporarily excluded from its provisions. Allow 2 nights full sleep when switching from day to night shifts and vice versa. Working time and breaks advice guides royal college of.
The impact of the 1998 working time regulations eurofound. You cant work more than 48 hours a week on average normally averaged over 17 weeks. Nov 04, 2009 poor handovers and working time directive causing hospital deaths. In the uk it is possible to opt out of the 48 hour working week and to work longer hours. The regulations apply to all workers not just employees and stipulate minimum rest. The employee and employer can agree a different night period together, if they want to.
According to the eu directive, employees in eu countries have the right to. The working time regulations govern the hours most workers can work and sets limits on an average working week, statutory entitlement to paid leave, entitlement to rest breaks and annual leave, limits on the normal hours of night work and entitlement to worker health assessments. Apr 14, 2007 junior doctors in the uk have seen their working hours cut through implementation of the european working time directive and the department of healths new deal to improve working conditions. However, it is not possible to opt out of the other requirements of the. In 2010, 22 eu states breached at least one of the directives provisions, according to a report by the centre for european reform. The working time directive please note these rules are not the drivers hours rules. After no more than 9 hours working time another 15 minutes break is required.
The working time directive is a european union directive that provides the right for workers in eu member states to have a minimum number. Find out about working time regulations and employee entitlements. Exceptions apply if workers and employers agree a different period for night time. The directive was enacted in uk law, from 1 october 1998. The regulations were amended, with effect from 1 august 2003, to extend working time measures in full to all nonmobile workers in road, sea, inland waterways and lake transport, to all workers in. The european court of justice, in a recent case gave the judgement that mobile workers who have no fixed place of work, and spend time travelling from home to the first and last customer should have this time considered as working time. A minimum period of rest of 24 hours every seven days. Working time directive mobile workers september 2015 the european court of justice, in a recent case gave the judgement that mobile workers who have no fixed place of work, and spend time travelling from home to the first and last customer should have this time considered as working time.
Even selfemployed workers are covered if they undertake to carry out work personally and the. Exceptions the following jobs may demand that workers work more than 48 hours per week, and they are legal exceptions to the work time regulations. Following an initial consultation in january 2004 the department for transport issued on 1 november 2004 draft regulations and draft formal guidance on the road transport working time regulations which were introduced into uk law on 23 march 2005. A minimum period of 11 consecutive hours of rest every 24 hours. If the drivers working hours total between 6 and 9 hours a further break of 15 minutes is required. The legislation which emanates from the eu working time directive gives uk workers the presumption of a maximum 48hour working week, a right to rest breaks at work and paid annual holiday.
Jun 09, 2010 the eu working time directive in detail the eu working time directive has faced fierce criticism for the restrictions it places on employees and workers, with doctors warning that it is hampering nhs. These are fundamentals of working life for british employees, though the wtr was initially resisted by the conservatives, and successive governments. If youre under 18, you cant work more than 8 hours a day or 40 hours a week. Night workers must not work more than an average of 8 hours in a 24hour period. The book is aimed at drivers and operators of both goods and passenger vehicles and has been designed to help the reader understand, through the use of real life examples, the drivers hours rules and working time directive. Provide similar facilities as those available during daytime and allow shift workers time for training and development. It is the uk s leading statutory instrument stemming from the european working time directive introduced in 1993 and is designed to regulate the amount of spent at work in order to protect the health and safety workers. It gives eu workers the right to at least 4 weeks in paid holidays each year, rest breaks, and rest of at least 11 hours in any 24 hours. Working time directive on call and sleeping in background many workers are required to be oncall or sleepin at or near their place of work, meaning that they can be at work for long periods of time. As a night worker, you should not work more than an average of eight hours in each 24hour period. The night period is 11pm to 6am, unless the worker and employer agree a different night period. Practical guide to the working time directive and regulations is a comprehensive handbook that provides detailed information on all aspects of the rules on working time. Employee holiday entitlement and working hours mygov.
However, both the directive and the regulations originally excluded certain sectors altogether from their scope. Contact us our customer support team are on hand 24 hours a day to help with queries. Jul, 2015 so when the working time directive capping the number of hours workers could work, regulating nightwork, legislating for rest breaks and paid annual leave was proposed as a directive on health and safety there was outrage. European union eu rules on drivers hours and working. Know your rights tuc changing the world of work for good. The working time directive regulations work in conjunction with the eu drivers hours rules ec5612006 and limit the amount of time worked rather than just the time spent driving. The working time directive also offers extra protections in the area of night work which must not exceed eight hours on average. The working time regulations 1998 are the regulations by which the uk puts into place its obligations under the eus working time directive see working time directive the working time regulations are in place to protect workers from excessive hours.
In the uk, employers can choose a sevenday or 14 day period. Working time and breaks advice guides royal college of nursing. Sep 15, 2009 the working time directive was a europeanwide piece of legislation that was passed in 1993 and came into force more than a decade ago, despite attempts by the then conservative government to. The directive applies to all bus and truck drivers and other mobile workers who use tachographs for recording driving times, breaks and rest periods. You are a nightworker if you work at least three hours a night as part of the normal course of your job. The 8hour average cannot be used and night workers must never work for more than 8 hours in any 24hour period if thework involves. In exceptional circumstances they can work at night if theres no adult to do the work and theyre needed to either.
The working time regulations 1998 implement the european working time directive into gb law. However, if a worker does choose to claim their right not to work more than 48 hours per week, they should not suffer any disadvantage as a result. Nightwork is defined as at least three hours of work taking place between the hours of 11pm and 6am. Although most workers in the uk are governed by the main working time directive wtd, those in the transport sector were not included and are instead covered by two further sets of working time regulations the horizontal amending directive had and the road transport directive rtd.
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