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. Pdf opting out of the european working time directive. A further consultation document, based on the draft working time amendment regulations 2002, closed on 6 september 2002, and the remaining provisions of the young workers directive are now expected to come into force in the spring of 2003. European union eu rules on drivers hours and working. The organisation strives to provide a safe working environment and ensure the safety and wellbeing of all its workers. In most cases, the main reason employees opt out is to earn more money by working longer hours. Working time directive opt out uk template make yours. Do you understand the drivers working time directive. The provisions in the latter directive which are implemented relate only to adolescents those aged. Dec, 2007 until 2003 workers in the uk were allowed to opt out of a 48hour week to work longer hours. Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. The directive was enacted into uk law as the working time regulations from 1 october 1998. The european working time directive ewtd 200388ec guarantees maximum weekly working hours and minimum periods of rest and annual paid leave to all workers in the european union. They cannot optout of any of the other provisions in the regulations and there is no sense in which we have ever had an optout from the working time directive itself.
Night workers are also restricted to working no more than an average of 48 hours per week. Some groups are given special protections, such as young workers and night. I worker s name agree that i may work for more than an average of 48 hours a week. If you want to work over 48 hours a week, you already can. Which groups of workers are not covered by working time. A limit of 10 hours in any 24 hour period if working at night. Summary of the law on working time thompsons solicitors. For this purpose, regular means for at least one third of the annual working time. Working time directive means council directive 93104ec of 23rd november 1993 concerning certain aspects of the organization of working time8. That provision is still there article 22 and is reflected in regulation 4 of the working time regulations. Employers must offer night workers a free health assessment before they start working nights.
You can opt out of the 48 hour weekly limit if you agree this with your. Workers have the right to cancel the optout agreement, although they must give their employer at. It is possible to optout of the night work regulation by tachograph thu apr 10, 2014 8. Working time rules directive 200215ec driving 9 hours daily driving limit can be increased to 10 hours twice a week maximum 56 hours weekly driving limit maximum 90 hours fortnightly driving limit. Workers cannot lawfully be required to work more than an average of 48 hours a week. Working time including driving working time must not exceed average of 48 hours a week no opt out 1 maximum working time of 60 hours in one week provided average not exceeded maximum working time of 10 hours if night work performed. Workers can agree to opt out of this limit,but must do so in writing and not by collective agreement.
Opting out of the european working time directive eurofound. Eu working time rules a mistake that prevents junior. Books free updates contact hse freedom of information operational. 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.
Working time including driving working time must not exceed average of 48 hours a week no opt out. The problem is now my students face is that they work 48 hours a week and are much. The following is intended to be a guideline, please consult the full vosa guidance for more detailed information. There are different rules on working hours for under18s how average weekly working hours are. 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. This oc provides guidance on the working time regulations 1998. Unless the worker has an opt out agreement, or an exemption applies. This policy agrees that all workers with callout arrangements will be excluded. A different proportion of annual working time can be specified within a collective agreement. Professional drivers however have to comply with the road transport directive and you can not choose to opt out of this. 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. So individuals can optout of the limit on working time.
For a sample opt out agreement, see 48hour opt out agreement tp19. Adult workers can agree that this limit on average weekly working hours does not apply to them. 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. The working time directive applies to all workers was created to protect workers however you can choose to opt out. What rightwingers tell you about the working time directive.
Obriens argument in those cases was that his workers should be considered workers involved in agriculture because if this argument was accepted then the workers would be exempt from certain sections 11, 12, and of the organisation of working tim act 1997 pursuant to the s. 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. Average weekly working time is normally calculated over a 17week reference period. Find out about working time regulations and employee entitlements. Gps are not covered by the ewtd because they are selfemployed. Working time regulations 1998 hours, opt out, rest. Average 8 hours per night over twomonth period for those not involved in work of special hazard or physical or mental strain, in which case the limit is 8 hours each night. Launched in 1996, the magazine was born out of the privatisation of the industry and the need to provide a managerial forum for the new rail business community. Nov 06, 2006 background to talks on the working time directive.
At eu level, directive 200388ec the working time directive 1 aims at providing minimum standards common to all member states for protecting workers from health and safety risks. The working time limits do not apply to any additional hours that the worker. The working time directive also offers extra protections in the area of night work which must not exceed eight hours on average. Your employer might decide to reward you for working antisocial hours for example, you may get free transport, food or extra. The working time regulations are the way in which the eu working time directive is implemented in uk law. In this case, an opt out agreement must be signed by each individual worker. Working time should not exceed 10 hours in any 24 hour period if any night work is undertaken. Employees over the age of 18 who arent part of the exceptions can choose to opt out and work more than 48 hours a week on average. The rights and entitlements relating to length of night work. Step by step, this leaflet explains weekly hours limits and night working limits. By law an employee cannot work more than an average 48 hours a week, unless either of the following apply. I workers name agree that i may work for more than an average of 48 hours a week.
There is extra legal protection for people classed as night workers. The first of october marks 20 years since the working time directive came into force. The directive does not specify limits to the number of working hours the workers can may agree to work through the optout however, there are 2 implicit limits. The working time directive for the road transport sector will. Advice guide for rcn members on working time, including working.
Night workers must not work more than an average of 8 hours in a 24hour period. Until 2003 workers in the uk were allowed to opt out of a 48hour week to work longer hours. If workers agrees to work beyond the 48hour limit they must put it in writing, this is generally known at an optout. The wtr provide basic entitlements for workers to rest breaks, rest periods and. Dec 23, 2016 the working time regulations are the way in which the eu working time directive is implemented in uk law.
Working timerest periods employment rights ireland. 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. 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. They can do this by signing a written agreement, known as an opt out agreement. The working time regulations 1998 implement the european working time directive into gb law. 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 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. Dimitrakopoulos, senior lecturer in the department of politics and director of the msc programme in european politics and policy.
Employee holiday entitlement and working hours mygov. Restricted hours for night work reduced to between midnight and 4 am. Some groups used to be completely exempt from all working time rights, and others currently miss out on some working time protection. They also allow for paid annual leave and include employees rights to rest breaks and uninterrupted periods of rest. The working time directive wtd is eu legislation intended to support the health and safety of workers by setting minimum requirements for working hours, rest periods and annual leave. Bosses will still able to ask employees to work more than a 48hour week under an eu agreement reached today in luxembourg. Summary of the law on working time st n ng r 3 contents about this booklet 5. The working time directive 200388ec is a directive in european union law. 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. 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. 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.
To ensure each workers average working time does not exceed 48 hours per. The employee does not have to agree to opting out of the legal limit. Appendix a opt out form working time regulations opt out form please sign and date the relevant statements below and retutn this form to hr i agree to work in excess of 48 hours on average per week, and will give three months notice in writing to the head of human resources if i no longer wish to work this number of hours. Workers cannot work more than an average 48 hour week or more than 60 hours in any one week.
The eu drivers hours rules affect workers who operate vehicles which are fitted with a tachograph i. 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. An employee can choose to work more than an average 48 hours a week. Coordinating the network of eu agencies 2015 are there limits to the opt out. The 10 hour limit can only be exceeded where an agreement is negotiated with the union however break and rest periods provided for in the eu drivers hours rules will still apply. There have also been challenges in the european court of justice as to whether time spent on call should be counted as working time. If i change my mind, i will give my employer amount of time up to 3 months. Nov 26, 2002 those provisions of the young workers directive affected by the uk governments initial optout.
Working hours in the rail industry rail professional. Your employer can technically pay a higher rate of overtime for any work beyond. 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. Dec 23, 2019 obriens argument in those cases was that his workers should be considered workers involved in agriculture because if this argument was accepted then the workers would be exempt from certain sections 11, 12, and of the organisation of working tim act 1997 pursuant to the s. There is no individual opt out from the 48 hour average. European union eu rules on drivers hours and working time.
It is possible to optout of the night work regulation by tachograph. The working time regulations health and safety executive. Working time directive mobile workers september 2015. Since the introduction of the regulations in october 1998, royal mail, cwu and cma have been working together to ensure legal compliance in respect of individual opt out forms, health checks for night workers and identifying any duties that involve special hazards. Clearly any time when the employee is actually called out will be regarded as 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. Rail professional is a monthly businessoriented railway magazine read by the industrys managers. One of its main features is a maximum average working week of 48 hours including overtime as part of the provisions laying down minimum safety and health. Employers should ensure that the normal hours of their night workers do not exceed an.
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. It is the uks 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. Workers under the age of 18 may not be employed for more than 40 hours a week. 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. The reference period for the purposes of calculating working time and night work limits in royal mail. Jun 29, 20 the working time directive applies to all workers was created to protect workers however you can choose to opt out. The working time regulations are in place to protect workers from excessive hours. Night workers are also restricted to working no more than an average of 48 hours per week, unless they have signed an opt out agreement. The working time regulations set out some important rights for workers, including. Working time, breaks and holidays national union of journalists.
The average working week is calculated over a 4 month a 17 or18 week reference period. Working time regulations 1998 hours, opt out, rest periods. 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. As part of the working time directive, workers in the uk are limited to a 48 hour working week week. This agreement should be separate from the employment contract. Which groups of workers are not covered by working time rules. Visit us job vacancies rmt rule book my rmt update your details. Workforce agreement template for working time regulations. The organisation strives to provide a safe working environment and ensure the safety and wellbeing of. 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. If an optout is agreed the employer should also advise the worker that they must.
The uk never had an optout from the working time directive. It sets out the agreed working pattern and outlines the employees right to withdraw from the agreement. Please note these rules are not the drivers hours rules. It is possible to optout of the night work regulation. In this blog post he reports part of his esrcfunded grant res000222510 research on the implementation of the working time directive in britain and france by governments of the left and the right. They also allow for paid annual leave and include employees rights to rest breaks and. 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.
Normally most workers dont have to work on average more than 48 hours per week unless they agree to. The directive is designed to improve health and safety protection for health and safety for mobile workers. Dec 18, 2017 if you want to work over 48 hours a week, you already can. 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. These rules applied to all workers with a few exceptions such as doctors in training, who were given longer before coming under the same arrangements. The working time regulations 1998 apply across the uk. These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. The working time regulations 1998 impose limits on workers hours of work. Working time and breaks advice guides royal college of nursing. They affect the number of hours an employee can work per week as well as. Note that optouts cannot alter employees rights to annual leave, adequate rest breaks each day and the right to one day off per week or two days per fortnight. However, it is not possible to opt out of the other requirements of the. 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. An easy to swallow, simplified, explanation of the current eu drivers hours and working time directive guidance taken from regulationec 5612006 introduced on the 11th april 2007.
Note that optouts cannot alter employees rights to annual leave, adequate rest breaks each day and the. Jul, 2015 that provision is still there article 22 and is reflected in regulation 4 of the working time regulations. Britain keeps working hours optout money the guardian. 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.