The working time directive as set out in the 1998 regulations prevents workers from being forced to work for more than 48 hours a week on average. Identify individuals responsible for shiftworking arrangements. This book is for employers, safety representatives, trade union officials, employees. Derogations and the optout from the working time directive. The working time rules that apply to you depend on whether you drive a vehicle in scope of the eu or gb domestic drivers hours rules. The regulations state that working time is when someone is. These hours worked cannot be averaged out and there is no opt out available. The organisation of working time act sets out statutory rights for. To be used in conjunction with the eu drivers hours regulations, the road transport working time regulations 2005 aka the working time directive aims to control the actual hours worked and to bring drivers into line with the 48 hour working week.
The working time directive 200388ec is an important part of the eus health and safety laws to protect workers. Opting out of the european working time directive eurofound. 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. A night shift is where you work for more than 1 hour between midnight and 06. If you occasionally work at night you would not count as a night worker. Step by step, this page explains weekly hours limits and night working limits. So if a driver wants to start work at 3am on a monday and the same on another day they want inorder to avaoid traffic but the company either does not have a collective workers agreement or have a collective workers agreement and they dont agree with it can this be done by simply putting a letter in righting to. There could be a new maximum working week of say 65 hours for those workers who opt out where inactive oncall time is counted as working time.
What rightwingers tell you about the working time directive. However, a worker may agree to opt out of this weekly working time limit and work more than an average of 48 hours a week as long as he or she does so voluntarily and in writing. The average working week is calculated over a 4 month a 17 or18 week reference period. This legal document template for download is a brief proforma letter to be signed by employees working within the uk who wish to work longer than an average of 48 hours per week as provided for by the working time regulations 1998 as amended. Working time, breaks and holidays know your rights tuc. A limit of 10 hours in any 24 hour period if working at night.
The directive is a european union initiative designed to protect workers from exploitation by employers. Hours of work working time employment law manual tools. Do you understand the drivers working time directive. Working time directive european commission european union. Workforce agreement template for working time regulations. Obtain a workers agreement to opt out of the 48hour working week key points. If they do not and if workers have not signed an opt out from the working time directive you have a very strong case for agreeing new shift patterns that respect the rights laid down in the working time directive. Summary of the law on working time 5 about this booklet this booklet explains the basic rights to which workers are entitled under the working time regulations 1998.
The rules that apply to night shifts are stricter than those governing day shifts. Yes, you can write to your employer at any time saying that you wish to regain your right to work not more than a 48hour average week. Obtain a workers agreement to opt out of the 48hour working. The working time directive 200388ec is a directive in european union law. Working time directive mobile workers september 2015. This agreement is drawn up under the working time regulations statutory instrument 19981833 regulation 5 1 and provides for you to enter into an agreement with the trust to opt out of the 48 hours limit in respect of the total weekly average hours required in your case. If you employ young staff members aged 16 or 17 they cannot work between the hours of midnight and 4 am 04. Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks.
A night worker is someone who usually works at least 3 hours during the night period. The working time directive applies to all workers was created to protect workers however you can choose to opt out. Jan 12, 2010 the european parliament voted in 2008 to end the right of individual doctors in member states to opt out of the directive, while the european council of heads of state and government wants them to retain that right. Working time directive opt out uk template make yours for free. This complete guide to the drivers hours has been prepared by chris allen the head trainer at chartwise uk a transport consultancy who have been helping drivers and operators stay compliant since 1985. The working time regulations are the way in which the eu working time directive is implemented in uk law. Your employer can technically pay a higher rate of overtime for any work beyond.
Step by step, this leaflet explains weekly hours limits and night working limits. Working time regulations 1998 hours, opt out, rest periods. The directive applies to all bus and truck drivers and other mobile workers who use tachographs for recording driving times, breaks and rest periods. The eu drivers hours rules affect workers who operate vehicles which are fitted with a tachograph i.
Unlike the 48 hour work week, there is no option for workers to opt out of the night worker limit. Workers cannot lawfully be required to work more than an average of 48 hours a week. Bosses will still able to ask employees to work more than a 48hour week under an eu agreement reached today in luxembourg. The working time directive wtd is eu legislation intended to support. Working time developments into the xxi century comprehensive report on collectively agree working time since 1999. Transport staff who are mobile, such as train drivers, do not get the same rights to breaks, but do benefit from the 48hour average weekly limit, and must receive adequate rest. So, when you sign a piece of paper stating that you are willing to work more than 10 hours on a shift, does it say 10 hour opt out. This booklet explains the basic rights to which workers are entitled under the working.
Your employer can ask you to opt out, but you cant be sacked or treated unfairly for refusing to do so. When you signed an opt out, it may have contained a clause saying how long you would have to wait before the rules applied again, if you chose to reverse your opt out. The working time regulations are in place to protect workers from excessive hours. European commission press release details page brussels, 15 november 2011 what is the working time directive. It sets out the agreed working pattern and outlines the employees right to withdraw from the agreement. Which groups of workers are not covered by working time rules. Working time directive opt out form east kent hospitals. There have also been challenges in the european court of justice as to whether time spent on call should be counted as working time. The road transport working time directive is the law which lays down the basic standards for how. 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 covered by the civil aviation working time regulations 2004. They also allow for paid annual leave and include employees rights to rest breaks and. Some groups used to be completely exempt from all working time rights, and others currently miss out on some working time protection. The working time regulations 1998 impose limits on workers hours of work.
You can opt out for a limited period, or indefinitely. A working time directive opt out letter is a letter by which an employer and an employee agree on opting out from the statutory maximum weekly working hours that apply to employees. Nov 06, 2006 background to talks on the working time directive. The worker has the right to bring the opt out to an end by giving notice of seven days or longer. Jun 29, 20 the working time directive applies to all workers was created to protect workers however you can choose to opt out. You can complain to your union or to the pay and work rights helpline see page 19. A working time directive optout letter is a letter by which an employer and an employee agree on opting out from the statutory maximum weekly working hours that apply to employees. Dimitrakopoulos, senior lecturer in the department of politics and director of the msc programme in european politics and policy. The eus working time directive 200388ec requires eu member states to. Night shift workers rights uk working at night regulations. Night workers must not work more than an average of 8 hours in a 24hour period.
However, they may agree by collective or workforce agreement to extend the reference period from 17 to 26 weeks and the amount of night work that can be worked. Workers cannot work more than an average 48 hour week or more than 60 hours in any one week. Summary of the law on working time thompsons solicitors. You can choose to work more than 48 hours a week on average if youre over 18. Mobile workers who only occasionally carry out inscope work are not required to comply with the working time limits under the regulations for this to apply, mobile workers must meet the occasional mobile worker criteria given in section 1. When the working time regulations were formally introduced in 1998 the uks employment landscape looked very different. The working time regulations 1998 provide for a maximum working week of 48 hours. Nov 15, 2011 european commission press release details page brussels, 15 november 2011 what is the working time directive. The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree for example, by collective agreement. Working time regulations advice guide for employers. A young worker would be someone aged between school leaving age and 18 years old. If you have any queries relating to holiday pay and accrual, please do not hesitate to email us at. Night workers should not work more than an average 8 hours in a 24hour period.
The employee and employer can agree a different night period together, if they want to. Working time directive opt out uk template make yours. Organisation of working time act workplace relations. Know your rights tuc changing the world of work for good. The existing rights, under the working time regulations, to a minimum 4 weeks paid annual leave and health checks for night workers continue to apply to mobile workers who will work under the provisions of the new road transport working time regulations. Some bad employers take advantage of this to deny staff their rights. The law relating to your working time is complicated. Guide to the road transport working time directive rsa. It gives general guidance only and should not be regarded as a complete or authoritative statement of the law. Working time, breaks and holidays national union of journalists. Britain keeps working hours optout money the guardian. Jun 02, 2006 the european commission ec has tried for years to remove an opt out won by john major, the then prime minister, when the working time directive was negotiated in 1993. 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.
Guidance on the road transport working time regulations 2005 this booklet provides guidance on the limits on working time provided for in the road transport working time regulations 2005. Health checks for nightworkers your employer must provide night. The directive is designed to improve health and safety protection for health and safety for mobile workers. 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. Here is a question can an individual opt out of the night shift workers regulations. At the heart of the arguments is a controversial optout, which allows employees in the uk and some other member states to work more than the generally adopted maximum of 48 hours per week. Jun 19, 2015 so, when you sign a piece of paper stating that you are willing to work more than 10 hours on a shift, does it say 10 hour opt out. Unless they opt out, adult workers must not work more than an average of 48 hours per week over a specified reference period. When you signed an optout, it may have contained a clause saying how long you would have to wait before the rules applied again, if you chose to reverse your optout. Doctors can opt out but must still take the wtds rest.
Working time patterns for sustainable work, including impact of ict mobile work on working time and workers health and wellbeing and secondary analysis of the european working conditions survey. As a night worker, you should not work more than an average of eight hours in each 24hour period excluding overtime. The european commission ec has tried for years to remove an optout won by john major, the then prime minister, when the working time directive was negotiated 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. European working time directive, ewtd, working hours, rest periods, paid leave.
Drivers on eu regulations work to the road transport working time regulations 2005, the op is asking about the night time limit that he doesnt want to be opted out of, as far as i can see the night time working limit in the rtwtr 2005 can only be opted out of by a workforce agreement that applies to a particular group of workers. If they do not and if workers have not signed an optout from the working time directive you have a very strong case for agreeing new shift patterns that respect the rights laid down in the working time directive. Rmt guide to the road transport working time regulations. There is a right for an individual to opt out of this regulation. Dec 23, 2016 the working time regulations are the way in which the eu working time directive is implemented in uk law. The law on hours of work, including the effect of the working time regulations 1998 and the working time directive, the. This average weekly working time is normally calculated over 17 weeks. You may not individually optout of any of the rules, which are in addition to. The european working time directive lays down minimum safety and health requirements for the organisation of working time in the eu by, for example, establishing that all workers have the right to a limit to weekly working time of 48 hours. This can be averaged out over a reference period of 17 weeks and the reference period can be extended by collective agreement. You can choose to opt out of the working time directive if youre over 18 and dont work in an industry where tiredness kills airline staff, ship and boat workers, delivery drivers, other transport and travel workers, security guards on vehicles carrying highvalue goods, etc. But as maximum hours are calculated as an average, you can technically work more than eight hours some nights and fewer than eight on others as long as the average over six days per week is 48 or fewer. The average should include any regular overtime worked but exclude any occasional overtime. This gives more drivers hours and working time directive guidance.
You can find further information on the road transport working time regulations in this leaflet. Opting out of the 48hour limit, to work longer you can do this by signing an agreement with your employer. Why and how the eus working time directive matters posted on 15 april, 20 by bryony this post was contributed by dr dionyssis g. The european parliament voted in 2008 to end the right of individual doctors in member states to opt out of the directive, while the european council of heads of state and government wants them to retain that right. A limit of eight hours average work in a 24 hour period for night workers. Opting out of the european working time directive eurofound follow this and additional works at. The ability to optout of the 48hour working week under a clause in the working time directive has been a contentious issue for decades. The waiver is not available in respect of the young workers limits on working hours. Mobile workers are not permitted to opt out of the average weekly working limit. The working time regulations set out some important rights for workers, including. The working time regulations are designed with health and safety in mind, but this can be a challenge for employers when workers have multiple jobs, says phil allen, partner and employment law specialist at weightmans llp.
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