Working hours policy Following the Court of Appeal’s recent decision in Hughes v Corps of Commissionaires Management Ltd regarding compensatory rest, Emilie Bennetts of Charles Russell LLP explains the obligations on an employer to provide daily and weekly rest periods and breaks under the Working Time Regulations 1998. WORKING TIME DIRECTIVE ... a minimum rest period of 11 hours between the end of one working day or shift and the beginning of the next (not including the day of the shift changeover). As an employer, you must ensure that your staff does not work more than 48 hours per week on average (including overtime), over a reference period of up to 4 months. The rest periods set out in the Organisation of Working Time Act 1997 are as follows: You are entitled to 11 consecutive hours rest in any period of 24 hours You should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods mentioned above, or 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. Information and Communication Technologies, Long-term care workforce: Employment and working conditions. You are entitled to an uninterrupted rest period of at least 24 hours in each seven day reference period. The night period is 11pm to 6am, unless the worker and employer agree a different night period. The signalman worked alone, providing cover at various signal boxes. Apart from opting out of the 48 -hour week limit, it is not possible to opt out of the WTR. 11. Workers are entitled to a daily rest period of at least 11 consecutive hours in each 24-hour period during which they work. Rest Breaks The Working Time Regulations entitle all (*see exceptions below) Workers and Employees to: A minimum Daily Rest period of 11 hours uninterrupted rest between finishing your job and starting the next day (Workers aged between 15-18 are entitled to a minimum daily rest break of 12 hours). Where this is not possible they should receive equivalent rest over a 14 day … Therefore, a worker could work up to 12 consecutive days if the weekly rest periods were granted on the first day of the first seven-day period and the last day of the following seven-day period. Your employees must be given at least 11 consecutive hours of daily rest and at least 24 hours of uninterrupted weekly rest every 7 days, over a reference period of 2 weeks. The Working Time Regulations determine the maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods. They also cover the health and working hours of night workers. The Working Time Regulations implement the European Working Time Directive into Northern Ireland law. References Rest periods and breaks. — (1) Subject to paragraph (2), an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which he works for his employer. Special arrangements exist for night workers. If a shift contains more than 9 hours of working time a break period totalling 45 minutes is required. The national data include the number of controls carried out at the roadside and at the premises of companies, the number and types of offences detected, the number of undertakings and drivers checked and others. However, employers should hold fire before relying on this decision in relation to fortnightly rest periods. These provisions concern the derogations from the reference period for the application of Article 6 (maximum working week) and the option of not applying Article 6 if the worker agrees to carry out such work (generally known as the 'opt-out'). The UK’s Working Time Regulations 1998 (WTR) were brought in to implement the Working Time Directive. A working time limit of … Working time rights apply to ‘workers’ – that is employees, agency workers and some self-employed people. The concept of ‘rest’ must be expressed in units of time, i.e. Some specific groups, such as young workers (Council Directive 94/33/EC) and workers using display screens (Directive 90/270/EEC), are entitled to specific conditions regarding rest breaks from work. To calculate average hours, a 17 week work period has been specified. It is not necessary for the 11 hours to fall in the same calendar day provided that they are consecutive. Useful? Lay-offs and short-time working If an employer does not have enough work for their employees, these options may help. In Marques da Rosa v Varzim Sol - Turismo, Jogo e Animacao SA, Mr Marques da Rosa worked in a casino, which opened seven days a week. It sets minimum periods of daily rest, weekly rest and annual leave, breaks and maximum weekly working time.It also aims to protect workers from negative health effects due to shift and night work as well as certain patterns of work. a rest from work of at least 11 hours in every 24-hour period; and a rest of at least 24 hours in every 7 days or 48 hours in every 14-day period. Compensatory rest breaks are the same length of time as the break (or part of it) that they’ve missed. Working time is any period in which staff are working. The only other possibility would seem to be that the provision for a 24-hour rest period is intended to be added to the 11 hours’ minimum daily rest and distributed throughout the week, meaning no consecutive 24-hour period. A … ObjectivesThis Directive lays down minimum safety and health requirements for the organisation of working time. The ECJ pointed out that workers may also benefit from the increased flexibility its interpretation allows employers, as it would enable them to have consecutive rest days at the end of one reference period and at the start of the next. He was allowed to take short breaks between periods of demand, but he would remain on call during these breaks. Please note these rules are not the Drivers Hours Rules. in exceptional circumstances where it is not possible to grant such a period of rest, their employer shall afford them such protection as may be appropriate to safeguard their health and safety. A limit of an average of 8 hours work in 24 hours which night workers can work. ‘Working time’ means any period during which the worker is working, at the employer’s disposal and carrying out their activity or duties, in accordance with national laws and/or practice. Article 3 of the Working Time Directive requires Member States to ensure that every worker is allowed a minimum daily rest period of 11 consecutive hours in every 24-hour period and a minimum uninterrupted rest period of 24 hours in each seven-day period, in addition to which the 11-hour daily rest period referred to in Article 3 must also be provided (Article 5). The directive regulates that, for each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11-hour daily rest. The Directive does not stipulate when the 24-hour rest period must be given. the average working time for each seven day period must not exceed 48 hours, including overtime; depending on national legislation and/or collective agreements, the 48 hour average is calculated over a reference period of up to 4, 6 or 12 months a rest break during working hours if the worker is on duty for longer than 6 hours Nevertheless, a working time regime that opted for such a long working day would be constrained by the provisions on maximum hours in a working week. If errors are brought to our attention, we will try to correct them. Interesting? On the other hand, the interpretation of the provisions of the Directive … It includes time spent training and travelling to work site, but does not include routine travel between home and work. Working time for the purposes of the Regulations, and the provision of the relevant rest periods and breaks is defined as “Any period during which the worker is: (i) working; (ii) carrying out his duties; and (iii) at the employer's disposal.” Employers must meet all three criteria. In relation to working time, all workers are entitled to: 1. The weekly rest period should not include any part of the daily rest period. However, there is an ambiguous provision at the end of Article 5: ‘If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied’. The rest breaks an employee is entitled to, and when they can take them. The requirements of his job meant that he was unable to take a continuous break of 20 minutes at any time. European Working Conditions Surveys (EWCS), European Monitoring Centre on Change - EMCC, European Observatory on Quality of Life - EurLIFE, European Observatory of Working Life - EurWORK, Database of wages, working time and collective disputes, Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, Council Directive of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 87/391/EEC) (90/270/EEC), Charter of Fundamental Rights of the European Union, Rest breaks from work: Overview of regulations, research and practice, eurofound.brusselsoffice@eurofound.europa.eu. The WTR currently provide employees with the following basic rights and protections: A limit of an average of 48 hours a week over a 17-week period which a worker can be required to work. The law on rest breaks and rest periods, including the implications of the Working Time Regulations 1998, the temporary changes in place during the relaxation of the enforcement on EU drivers' hours and domestic drivers' hours rules due to the coronavirus (COVID-19), exclusions, and complaints to employment tribunals. Your employer can average the weekly reference period over 14 days. Q.2 What is working time? Women and labour market equality: Has COVID-19 rolled back recent gains? Please note: the European industrial relations dictionary is updated annually. [3], Night work ; shift work ; stress at work ; working time. If this is not possible (for example, there’s an emergency at work), the employer must take steps to provide enough rest for … Thrings acts on cross border reorganisation, Considerations for Directors of companies facing financial difficulty, Employment law and immigration for individuals, HR online services and retainer - Thrings@Work, Rovco triumphs at South West Business Leader Awards, Business Health Matters Webinar: Business Protection, 24 hours' uninterrupted rest per week (or 48 hours' uninterrupted rest per fortnight); and. Most likely, it refers to the requirement that the 24-hour weekly rest period be connected to a previous 11-hour rest period, so as to constitute a solid block of 35 hours’ rest per week. The directive regulates that, for each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11-hour daily rest. Weekly rest periods may be given at any time in a seven-day period. The UK’s Working Time Regulations 1998 (WTR) were brought in to implement the Working Time Directive. Working time. The directive gives priority to collective agreements over legislation in determining the EU standard. In 2019, Eurofound published an overview of regulations, research and practice of rest breaks from work. Employers’ obligations include giving workers "adequate" rest breaks where their pattern of work places their health and safety at risk, and allowing workers the following rest periods unless they are exempt (in which case compensatory rest will usually have to be given): Workers falling within a number of “special cases” under regulation 21 of the WTR (e.g. The Working Time Directive sets out the definitions outlined below. However, in such cases, the WTR states that: Compensatory rest break must be a single continuous period of at least 20 minutes. Under the EC Working Time Directive (2003/88) (the WTD) a worker is entitled to a 24-hour uninterrupted rest period “per each 7-day work period”. Contents. The directive calls on Member States to take the measures necessary to ensure that, when the working day is longer than six hours, every worker is entitled to a rest break. ^ ILO (2016), Rest Periods: Definitions and dimensions , 16 June. The meaning of this exception is not clear. In 2008 and 2009, he occasionally worked for seven consecutive days due to a rotating work schedule. As set out in its Preamble: All workers should have adequate rest periods. Directive 2003/88/EC or Working Time Directive (WTD) is a Directive in European Union law.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; restricts excessive night work; a day off after a week's work; and provides for a right to work no more than 48 hours per week. The duration and the terms on which such rest breaks are granted should be laid down in collective agreements or agreements between the two sides of industry and, only in their absence, by national legislation. the average working time for each seven day period must not exceed 48 hours, including overtime; Working time and rest. Every worker is entitled to a minimum daily rest period of 11 consecutive hours for every 24-hour period, potentially implying a lawful 13-hour working day with at least one long break or two or more shorter breaks, the intervals being not more than six hours apart. The Portuguese court asked the European Court of Justice (ECJ) whether the right (under the Working Time Directive (WTD)) to an uninterrupted rest period of 24 hours ‘per each seven-day period’ should be interpreted as meaningthe 24-hour rest period must be granted at the latest on the seventh day following six consecutive working days, or whether the employer has discretion to grant the weekly rest period when they feel like it. It is also necessary in this context to place a maximum limit on weekly working hours. However, there is an ambiguous provision at the end of Article 5: ‘If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied’. The EAT held that, as a ‘special case’ worker, the signalman was excluded from the normal entitlement to rest breaks under the WTR, but he was entitled to an ‘equivalent period of compensatory rest’. Today, ILO standards on working time provide the framework for regulated hours of work, daily and weekly rest periods, and annual holidays. In the UK the Working Time Regulations brings into effect in UK law the Working Time Directive, legislation from Europe that deals with working time, rest breaks, holiday etc. Most young workers aged 16 and 17 are entitled to: 4. a minimum weekly rest period of 24 hours, which can be averaged over two weeks. Allowing him to take a number of shorter breaks throughout his eight-hour shift, which added up to substantially more than 20 minutes, was not compliant. Under the EC Working Time Directive (2003/88) (the WTD) a worker is entitled to a 24-hour uninterrupted rest period “per each 7-day work period”. This decision could mean a worker in the UK, who does not fall into any special categories under the WTR, could be obliged to work for 24 consecutive days with rest periods either side, provided that this does not breach their employment contract or any collective agreement. Finally, in 2003, Directive 2003/88/EC updated these two earlier ones and is generally known as the Working Time Directive. European Parliament and Council of the European Union: ‘Rest period’ means any period that is not working time. Should workers be exempt, “compensatory rest” will usually have to be given. It is most important for employers to make rest time available to employees to allow them to recuperate from long periods of work without adequate rest. a rest break of 20 minutes when working more than six hours per day. The daily rest period must be granted minimum daily, weekly and annual periods of rest breaks from work overview... 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