EU working time directive
Discussion
I work for a smallish company, that has never implemented this.
They are claiming a company opt out ?????
I understand the basic concept of the legislation, a total average number of hours that can be worked and that there should be a clear break between work periods.
They expect us to do a days work and then go on call over night, one night a week and one weekend in six ( Friday through to Monday ), this may change to being a week on call.
If we are called out the minimum time for each job is about two hours. Remembering that we can be called out a number of times each night / weekend.
we are expected to be back in work the next day regardless.
Anyone know how / who enforces this legislation and what penalties a company could face .
They are claiming a company opt out ?????
I understand the basic concept of the legislation, a total average number of hours that can be worked and that there should be a clear break between work periods.
They expect us to do a days work and then go on call over night, one night a week and one weekend in six ( Friday through to Monday ), this may change to being a week on call.
If we are called out the minimum time for each job is about two hours. Remembering that we can be called out a number of times each night / weekend.
we are expected to be back in work the next day regardless.
Anyone know how / who enforces this legislation and what penalties a company could face .
The HSE are the UK regulator for the EU working time regulation in Great Britain.
There are exemptions to the rules
There are exemptions to the rules
there's no provision for a "block" opt-out, it's on an individual basis and there should be no detriment to workers not signing an opt-out clause.
i'm not the most up to date as it's a while since i did regular on-call, but, when i did, on-call hours were working time if we were on site. alternatively, if off site, the working time only kicked in at the time of the call. being off site but not free to "pursue leisure activities" was to and fro'd over and i honestly don't know if that ever got settled . this was never an issue for us as we were provided on-call accommodation on-site. The ECJ decided with regard to doctors' hours in a couple of cases and this decision was consistently applied by UK tribunals.
May be different in other occupations and this is only my own, historical, experience. someone who really knows will be along shortly.
paul
i'm not the most up to date as it's a while since i did regular on-call, but, when i did, on-call hours were working time if we were on site. alternatively, if off site, the working time only kicked in at the time of the call. being off site but not free to "pursue leisure activities" was to and fro'd over and i honestly don't know if that ever got settled . this was never an issue for us as we were provided on-call accommodation on-site. The ECJ decided with regard to doctors' hours in a couple of cases and this decision was consistently applied by UK tribunals.
May be different in other occupations and this is only my own, historical, experience. someone who really knows will be along shortly.
paul
I do emergency out of hours (repairs for a housing association) the unions had a battle with the company and finally managed to settle on an 11hr rest period although we do a whole week and can get 10 jobs chucked at us at 5pm and regularly don't get in until midnight,
we used to operate some kind of system that every hour you were out after 12pm you would get off after 8am the following day i.e. Out till 1 don't start till 9 and so on, We didn't think that was satisfactory rest because I start at 8 and if I didn't get home until midnight making it a 16hr shift makes for a very tiring week
On a side note we also get extra holiday pay as it's worked out on an average wage for the previous 3 months prior to you leave (this is a Eu ruling as it's not contracted overtime I think?) this can double my wage when on holiday which is amazing
we used to operate some kind of system that every hour you were out after 12pm you would get off after 8am the following day i.e. Out till 1 don't start till 9 and so on, We didn't think that was satisfactory rest because I start at 8 and if I didn't get home until midnight making it a 16hr shift makes for a very tiring week
On a side note we also get extra holiday pay as it's worked out on an average wage for the previous 3 months prior to you leave (this is a Eu ruling as it's not contracted overtime I think?) this can double my wage when on holiday which is amazing
I did on call as part of my last "proper" job. One week in 3, 24/7.
We were entitled to an 11 hour break between shifts.
Mostly it just meant working weekends and evenings. I only got called out during the night a couple of times a year.
I signed an opt out agreement, but my actual work hours in any 13 week period rarely exceeded 48 per week. That would be different now though, as back then the first hour of travelling time at each end of the day didn't count as work hours.
We were entitled to an 11 hour break between shifts.
Mostly it just meant working weekends and evenings. I only got called out during the night a couple of times a year.
I signed an opt out agreement, but my actual work hours in any 13 week period rarely exceeded 48 per week. That would be different now though, as back then the first hour of travelling time at each end of the day didn't count as work hours.
OP, see this -
http://www.hse.gov.uk/contact/faqs/workingtimedire...
If this company is as you suggest blatantly flouting the rules, and claiming a non existent exemption from them, I might be prepared to offer you some pro bono advice. PM me.
http://www.hse.gov.uk/contact/faqs/workingtimedire...
If this company is as you suggest blatantly flouting the rules, and claiming a non existent exemption from them, I might be prepared to offer you some pro bono advice. PM me.
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