LEGISLATION WORKING TIME REGULATIONS
The following has been extracted from a DTI publication on the Worldwide Web and may help members with this complex issue.
INTRODUCTION The Government laid the Working Time Regulations before Parliament on 30 July 1998. These regulations came into force on 1 October 1998. The provisions in these Regulations will be mirrored by separate regulations in Northern Ireland. Please note that this summary has not attempted to cover all of the provisions of the Regulations but has been drawn up to give a flavour of the Regulations. The Regulations are available from Her Majesty's Stationery Office (HMSO). The Statutory Instrument No 1833 can be viewed on HMSO's Web site. The Statutory Instrument is also available from The Stationery Office Ltd Bookshops. Guidance is now available on the Regulatory Guidance Section. You can also request further information, however please check our "Frequently Asked Questions Page" first on the DTI web site:
http://www.dti.gov.uk/IRI worktime.htm
PURPOSE OF THE REGULATIONS The Regulations will implement the EC Working Time Directive (93/104/EC) and the EC Young Workers Directive (94/33/EC} as far as it relates to adolescents.
COVERAGE The regulations apply to workers over the minimum school leaving age. The definition of worker covers those with a contract of employment plus a wider group who undertake work under other forms of contract (e .g. agency and temporary workers, freelancers etc.) but does not cover the self-employed. The regulations exclude from scope workers involved in the following activities or sectors of activity: transport; sea fishing, other work at sea; and doctors in training. It also excludes certain activities of the armed forces, police and the civil protection services. There are some special provisions that relate to adolescent workers, these are workers who are over the minimum school leaving age but under 18.
WEEKLY WORKING HOURS LIMITS The regulations will set a working time limit of an average of 48 hours per week. The standard averaging period is 17 weeks, but can be extended to 26 weeks if the workers are covered by one of the 'exceptions' or up to 52 weeks by an agreement between employers and workers. Individuals can voluntarily agree to disapply the weekly working hours limits. Where workers choose to do this, employers are required to maintain records of the hours they have worked.
MEASURES RELATING TO NIGHT
TIME WORKING Night workers are subject to a working time limit of an average of 8 hours in each 24-hour period. The standard averaging period is again 17 weeks but that can be extended by one of the 'exceptions' or by an agreement between employers and workers. Night workers whose work involves special hazards or heavy physical or mental strain are subject to an 8-hour limit for each 24 hour period. Adult night workers are entitled to a health assessment
(an adolescent worker to a health and capacities assessment) before being required to perform night work and periodically thereafter.
REST BREAKS AND PERIODS Adult workers will be entitled to one day off each week. Adolescent workers are entitled to two days off. Adult workers will be entitled to 11 hours consecutive rest per day. Adolescent workers are entitled to 12 hours consecutive rest per day. Adult workers will be entitled to a minimum 20-minute rest break if their working day is longer than 6 hours. Adolescent workers are entitled to a minimum 30-minute rest break if they work for longer than 4.5 hours. These provisions are subject to 'exceptions' which provide flexibility in certain circumstances.
PAID ANNUAL LEAVE Workers will be entitled to three weeks paid annual leave (rising to 4 weeks in November 1999). For workers who have just started work with an employer, their entitlement does not arise until a 13 week qualifying period has been completed.
EXCEPTIONS • Unmeasured working time -Covers workers whose working time is not measured or predetermined or can be determined themselves. Examples of those that may fall into this category are manag ing executives and family workers. Effectively these workers will only be subject to the paid annual leave provisions.
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Specified circumstances - Flexibility is on the basis that workers receive compensatory rest. The specified circumstances include security and surveillance activities, activities involving the need for continuity of service or production (such as dock work, hospital services, the provision of utilities, civil protection services, agriculture, etc.) and where there is a foreseeable surge of activity such as in tourism.
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Force Majeure - Unexpected and unpredictable occurrences beyond an employer's control.
• Employer/Worker agreements - Collective agreements can be made with an independent trade union. 'Workforce' agreements can be made with workers where there is no recognised trade union. The workforce can either individually sign the agreement (where a firm employs 20 workers or less) or the workforce can elect representatives to negotiate on their behalf. The Regulations provide for a mechanism for representatives to be chosen.
ENFORCEMENT The limits (e.g. the weekly working time and night work limits) in the Regulations will be enforced by the health and safety enforcing authorities e.g. the Health and Safety Executive and Local Authorities. The entitlements (e.g. the rest periods and breaks and the paid annual leave) will be enforced by Industrial Tribunals. (Further information about Employment Tribunals is available from the Employment Tribunal Service.) BLF members can obtain a free copy of "A Guide on the Working Time Regulations" by contacting the BLF Secretariat.
ISSUE 35 • DECEMBER 1998
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