They also allow for paid annual leave and include employees rights to rest breaks and uninterrupted periods of rest. The working time regulations determine the maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods. Jobs with different working time rules to the working time regulations. You are a night worker if you regularly work for at least three hours during the. Over a reference period of 17 weeks, workers cannot be required to work more than an average of. Staff who regularly work at least 3 hours during the night period are night workers. These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. Employee holiday entitlement and working hours mygov. Uk for information on night working hours, including. The prime minister promised that our working rights would be protected after brexit. They limit the amount of hours an individual can work within a seven day period to an average of 48 hours per.
The working time directive 200388ec is a directive in european union law. Includes rules for employees who do not have a fixed place of work. They affect the number of hours an employee can work per week as well as the rest breaks the. Constructive guidance for employers, safety representatives, trade union officials, employees, regulators and any relevant organisational stakeholders. The provisions in the latter directive which are implemented relate only to adolescents those aged. Free practical law trialto access this resource, sign up for a free trial of practical law. 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. It is possible to work a 12 hour night shift as long as the average length of a night shift does. Related documents working time directive in all languages. Under the working time regulations 1998, employers may not require workers to work more than 48 hours per week on average.
However, workers may, if they wish, opt out of this provision and agree that they will work longer hours. The directive was enacted in the uk in 1998 as the working time. The use of tachographs are also touched on in this book, for more details on the operationof. The road transport working time regulations 2005 rtwtr introduced limits on weekly working time for mobile workers drivers, vehicle crew and others forming part of the travelling staff who operate on vehicles which are subject to the eu drivers hours, the uk domestic drivers hours, and in some cases, the aetr regulations. While the traditional mechanisms for ensuring a fair days wage for a fair days work is by collective agreement, since 1962 the uk created minimum statutory rights for every individual at work. The regulations apply to both part time or full time workers, including the majority of agency workers and freelancers. Exceptions apply if workers and employers agree a different period for night time. History of working time the federation of international. Outlining employers legal duties to assess known and associated risks, this guide seeks to improve the understanding of shift work.
The working time regulations health and safety executive. The working time regulations create a basic set of rights for the time people work, particularly 28 days paid holidays, a right to 20 minute paid breaks for. Rights for employees who travel as part of their job. Working time rights apply to workers that is employees, agency workers. Even so, any changed period must be at least seven 7 hours long and it must include midnight 24. It aims to ensure that working time is organised in a way that safeguards workers health and safety. Shift work and working time regulations protect workers health. A limit of 10 hours in any 24 hour period if working at night. 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. Could working time directive be scrapped after brexit. The regulations came into effect on 1 october 1998 and include basic entitlements and limitations concerning the organisation of working time. 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 railway and offshore sectors, and to all workers in aviation who are not. This handbook provides you with an uptodate, comprehensive analysis of working time law including the 48hour week, the right to daily and weekly rest periods and rest breaks, the right to paid annual leave, and the special provisions concerning working time.
The reason for this approach was that in some of the excluded sectors the number of workers is very small and it was not possible for these sectors to be accurately separated. The european working time directive, which regulates the hours worked by employees in the european union, has been around in one form or another since the early 1990s. Summary of the law on working time st n ng r 3 contents about this booklet 5. For psv drivers the hours differ slightly and are between 1am and 5am. The average is usually calculated over 17 weeks, but it can be over a longer. This can be averaged over a reference period of 17 weeks. The requirements for compliance and record keeping vary between uk domestic drivers hours rules, eu drivers hours rules and the two applicable sets of working time rules. 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. They also cover the health and working hours of night workers. Shift work, working time regulations and night workers. Books free updates contact hse contact hse faqs all faqs. Working time, breaks and holidays national union of journalists. Working hours in the uk are governed by the working time regulations 1998.
Summary of the law on working time thompsons solicitors. As a night worker, you should not work more than an average of eight hours in each 24hour period. The working time regulations 1998 apply across the uk. Working time in the united kingdom is regulated in uk labour law in respect of holidays, daily breaks, night work and the maximum working day under the working time regulations 1998. Step by step, this leaflet explains weekly hours limits and night working limits. Browse for more information about drivers hours products. Briefing 55 december 20 working time regulations for. 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. You can buy the book at uk and most good bookshops. The ids employment law working time handbook provides a detailed examination of the scope and coverage of the working time regulations. Night shift workers rights uk working at night regulations. European union eu rules on drivers hours and working. However, it is not possible to opt out of the other requirements of the.
Weve developed a set of easytouse tools for junior doctors to check their rotas and working hours. They also give workers and employees the right to paid leave and specified rest breaks. The working time directive also offers extra protections in the area of night work which must not exceed eight hours on average. The night period is 11pm to 6am, unless the worker and employer agree a different night period. If the employer refuses then the worker can bring a claim under the working time regulations to an employment tribunal. You cant work more than 48 hours a week on average normally averaged over 17 weeks. Drivers hours and working time working time log book. You can agree with your employer to change the night time period. 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. Working time regulations are monitored and enforced by the health and safety executive for factories, and local authorities for office and shops, etc.
By law an employee cannot work more than an average 48 hours a week, unless either of the following apply. The regulations were amended, with effect from 1 august 2003. Not surprisingly, health workers are the focus of this guidance. The european working time directive has shaped the working time regulations that govern great britain to ensure the health and safety of and prevent the abuse of, staff working in all forms of establishment within great britain. 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. The eu drivers hours rules affect workers who operate vehicles which are fitted with a. The directive was then implemented in uk law as the working time regulations wtr in 1998, ensuring that the provisions and safeguards were made effective for workers in the uk. The 1993 working time directive 93104ec was a major step forward, setting a 48hour average maximum working week and laying down the framework for rest and leave periods. Find out how the european working time directive affects consultants, juniors and sas doctors and read our top tips for working out of hours. Visit us job vacancies rmt rule book my rmt update your details branch. Working time for someone who travels for their job. This law is sometimes called the working time directive or working time regulations. Directive require employers to offer night workers a free health assessment. There are different rules on working hours for under18s how average weekly working hours are.
Library books, journals and databases subject guides. If you do, then it must be at least seven hours long and include the time between midnight to 5. The ria regulatory impact assessment for the working time directive was an assessment of the impact on the whole of the uk, including the excluded sectors. Night workers must not work more than an average of 8 hours in a 24hour period. Weekly working time must not exceed an average of 48 hours per week over the reference period. Noone voted for brexit to lose out on holidays, or to hand power over to bad bosses. The working time regulations 1998 implement the european working time directive into gb law. Working time and breaks advice guides royal college of nursing. Working time regulations download full handbook download this section 27. Guidance launched late 2012 on shift work by the royal college of nursing describes how it can negatively affects the overall health of workers. During a night work duty, you may not exceed 10 hours of working within a 24 hour 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. Working time must not exceed average of 48 hours a week maximum working time of 60 hours in one week provided average not exceeded maximum working time of 10 hours if night work performed breaks cannot work. A night work is defined as a duty that takes place entirely or partly between the hours of midnight and 4am for hgv drivers. The working time directive gave nearly five million women paid holidays for the first time. An absolute limit of eight hours in any 24 hours period applies to a worker whose work involves special hazards, heavy physical or mental strain. Uk workers are about to feel the effects of the eu working time directive, to be implemented in the next 18 months.
Working hours in scotland and the rest of the uk are governed by the working time regulations 1998. Fors toolbox talk d7 drivers hours and working d7 time. Working time directive health and safety executive. Interpretative communication on directive 200388ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time c2017 2601 2017 pdf report on the implementation by member states of the working time directive 2017 2017 pdf detailed.
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