Hours and leave introduction this guide sets out the minimum requirements that working hours and leave arrangements must comply with to meet the working time regulations, along with the bargaining issues for ensuring compliance and seeking improvements, before going on to consider the norms that provide useful benchmarks for negotiations. 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. These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. Guidance for employers and employees on night and shift work. 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 each 6 hours worked, a right to weekly rest of at least one full 24 hour period, and the right to limit the working week to 48 hours. This topic includes information on the hours and rest break provisions of the working time regulations 1998, including how the regulations apply to young workers and those working at night.
Working time regulations 1998 amended 2007 legislation. 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. Employees are entitled to time off work in a variety of situations. The working week workers have a statutory right to a maximum average working week of 48 hours. During a night work duty, you may not exceed 10 hours of working within a 24 hour period.
They affect the number of hours an employee can work per week as well as the rest breaks the employee is entitled to including. Step by step, this leaflet explains weekly hours limits and night working limits. Hello, general enquiry about working hours, im on an afters shift start at 2pm finish at 10pm, iv done a 40 hour shift this week but im wondering whats the legal break, rest to have between shifts as iv been told i can come in on the weekend after finishing on the friday night at 6am to do a 12 hour shift both saturday and sunday then return back to work at 6am on the monday, is this ok to. Workers cannot lawfully be required to work more than an average of 48 hours a week. The working time regulations 1998 were amended with effect from 1 august 2003 in relation to the classes of worker which had previously been excluded from protection under the regulations. But as no one can at present opt out of restrictions on working hours for night shifts or statutory rest breaks, repealing the wtr would allow more flexibility over shift patterns, affecting night workers, for example. Developed by a joint working group of the international labour organization and imo, these guidelines are designed to help administrations, shipowners and seafarers meet their obligations under ilo convention n. Workplace laws your employer may be violating careers. Employees should be able to take this rest break away from their work station. Rest breaks at work workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day.
The legal number of hours employees can have between shifts. Limits on night work do not apply if you are a mobile worker. Library books, journals and databases subject guides. A 7280 work schedule and the baylor plan 24hour basic workweek established in accordance with the provisions of part ii, chapter 3 of this handbook is applicable only to fulltime nurses and nurse anesthetists. The working time regulations 1998 state the following provision for rest breaks at work and time off rest breaks at work. Explain why these are important for both the employee and employer working time regulations is the leglislation that impacts employees holidays, rest periods, working hours and night working.
These are fundamentals of working life for british employees, though the wtr was initially resisted by. The working time regulations 1998 apply across the uk. They affect the number of hours an employee can work per week as well as the rest breaks the employee is entitled to including breaks between shifts, annual leave and days off. 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. Under the working time regulations 1998, employers may not require workers to work more than 48 hours per week on average. What breaks am i entitled to under the working time. The working time regulations provide different enhanced rights for adolescent workers.
For this purpose, regular means for at least one third of the annual working time. Young workers have different restrictions on night work than adult workers. A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. In any single week up to 60 hours can be worked so long as the 48 hour average limit is maintained. Domestic staff in private households are entitled to rest breaks and paid holidays, but have limited protection against working long. Time spent oncall elsewhere while you are actually working. Exemptions to the rules about working hours, rest breaks and rest periods for workers who choose their hours.
Where this is not possible they should receive equivalent rest over a 14 day period, either as one 70 hour period or two 35 hour periods. Working time regulations according to the norwegian labour act. Whether he or she is regarded as a managersupervisor is comprehensively judged. Good practice guidelines health and safety executive. Offshore workers are covered by the regulations, but the weekly working time limit is averaged over 52 weeks. The working time regulations 1998 impose limits on workers hours of work. You also have the right to take compensatory rest breaks to make up for your extra time at work. The wage and hour division has a variety of compliance materials available for both employees and employers on the subject of work. These regulations cover any retail trade or business, but does not include any premises uses as a hotel or the preparation of food including catering. As a night worker, you must not work more than an average of eight 8 hours in a 24hour period. Clearly any time when the employee is actually called out will be regarded as working time. Workers engaged in sea transport, sea fishing or inland waterway and lake transport do not have any protection under the regulations. See our article for more information about sleeping time and night working under the working time regulations.
Please note these rules are not the drivers hours rules. Work no more than 6 days out of every 7 or 12 out of every 14. For psv drivers the hours differ slightly and are between 1am and 5am. A different proportion of annual working time can be specified within a collective agreement. Hours worked under the fair labor standards act flsa this fact sheet provides general information concerning what constitutes compensable time under the. A night worker is someone who is classed as working for at least three hours daily during nighttime hours as a normal course.
Discussion of these acts appears in the government contracts subtopic under the wages topic. For further information and more detailed guidance, see working time regulations factsheet fs19. There is no optout possible from the young workers limitations. Which groups of workers are not covered by working time rules. 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. The hours an individual works and the breaks they are entitled to during working hours are regulated by the working time regulations 1998. If you become pregnant or are a new mother, and are worried about the risks of night time work, you should speak to your employer about being moved to daytime work. Although excluded from other working time protections, mobile and road transport workers who are night workers are entitled to health assessments. Employees can choose to work longer, but the agreement must be in writing and signed by the worker. Workers putting in a 12hour shift reasonably expect a meal time and additional breaks.
The working time regulations 1998 outline requirements in respect of hours of work, rest breaks, night working and annual holiday entitlement. The act requires that employees must receive at least the. Staff expected to work 8 hours per day are entitled to the same breaks as fulltime staff. The working time regulations are in place to protect workers from excessive hours. Build regular free weekends into the shift schedule. 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. Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. The only comment osha makes about work breaks is that short rest. Time spent oncall at the workplace including time sleeping when youre either working or asleep while oncall at the work place, where sleeping is allowed. See our article for more information about sleepingtime and night working under the working time regulations. In england, the working time regulations 1998 cover all these provisions. Working hours and breaks the hours an individual works and the breaks they are entitled to during working hours are regulated by the working time regulations 1998.
Working hours placed between 9 pm and 6 am is defined as night work time, and is prohibited unless the nature of the work makes it necessary to conduct work between these hours. Health assessment and transfer of night workers to day work. The wtr provide basic entitlements for workers to rest breaks, rest periods and annual leave, and provide limits on working time. If you are doing other work, under the working time rules you will need to take a break or breaks totalling 30 minutes, if working a total of between 6 and 9 hours in a shift. Over a referenceperiod of 17 weeks, workers cannot be required to work more than an average of eight hours on nightwork in every 24 hours. Overall, most employees are entitled to rest breaks during their work shifts, along with off days on a daily and weekly basis. Nightwork is defined as at least three hours of work taking place between the hours of 11pm and 6am. 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.
The provisions of this title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for. Jobs with different working time rules to the working time regulations. You are under school leaving age until the end of summer term of the school year in which you turn 16. Working time and breaks advice guides royal college of. The wtr do not specifically require employers to keep a record of actual hours worked. The working time regulations 1998 came into force on 1st october 1998, and subsequently amended by the working time amendment regulations 2007, which came into force on 1st october 2007 when adopted in november 1993, the working time directive 93104ec excluded the air, rail, road, sea, inland waterway and lake transport, sea fishing, offshore work and the activities. Hours, breaks and holiday entitlements guide crunch. A small business guide to working time regulations. A guide to your entitlements tesco workers together. Working time regulations for mobile workers rrra road. Employers cannot expect or oblige night workers to work over 8 hours in a 24 hour period. There are special rules about breaks for retail workers.
Organisation of working time act, 1997 irish statute book. This book is for employers, safety representatives, trade union officials, employees. Over a reference period of 17 weeks, workers cannot be required to work more than. Working outside these hours is strictly on a voluntary basis. Provide similar facilities as those available during daytime and allow shift workers time for training and development. Employees must take a meal break of at least 30 minutes after five continuous hours of work. Working hours in the rail industry rail professional. Young employees may not ordinarily work more than eight hours a day or 40 hours a week. The working time regulations 4 these regulations give most workers the following rights. Working time regulations aim to improve health and safety by controlling the hours employees work. Shift workers might not be entitled to the full legal rest breaks for the working day or week if both of these points apply. Rest breaks regulations for employees and workers at. This is known as a working time regulations optout agreement.
Working hours in the rail industry the starting point is the working time regulations 1998, which are designed to protect employees from working long hours. The law relating to your working time is complicated. The working time regulations 1998 implement the european working time directive into gb law. In contrast, in ireland the organisation of working time act, 1997 stipulates maximum hours of work, minimum breaks and days off while the original safety, health and welfare at work night work and shift. Key points the working time regulations wtr grant rights to workers from day one of. All night time workers must get paid the national minimum wage during the hours of their sleep shift. The working time directive 200388ec is a directive in european union law. In these regulations the act means the organisation of working time act, 1997 no. Know your rights tuc changing the world of work for good. If they do, it must be 7 hours long and include midnight to 5am. Working time regulations advice guide for employers. European union eu rules on drivers hours and working. Working time regulations download full handbook download this section 27. Young workers, apprentices and work experience rules on working hours and rest breaks for young workers aged 16 and 17.
Uk to find out about holiday entitlement, including. If any of your workers do night work even casual, freelance and agency workers there are special regulations you must comply with the regulations define night time as the period between 23. In summary, the working time regulations state that a worker should not work for more than 48 hours per week. The night period is 11pm to 6am, unless the worker and employer agree a different night period. Night shift staff can be rostered between the hours of 10pm and 8am and they must receive their rosters 4 weeks in advance and a minimum of 6 hours per shift. Employee holidays, rest periods, working hours and night working. 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. Workers who normally work at night including those on regular rotating shifts, but excluding those who only occasionally work nights are protected under the working time regulations 1998 wtr. Employees under the 9month work schedule are considered parttime employees, except.
A night work is defined as a duty that takes place entirely or partly between the hours of midnight and 4am for hgv drivers. Working time regulations age of employee working hours rest breaks rest periods holiday entitlement over 18 years old work a maximum of 48 hour average week. But, extra rules on night worker limits also apply to the number of hours worked. The rights and entitlements relating to length of night work. An average of 48 hours per work per week calculated over a specified reference period. Employee holiday entitlement and working hours mygov. Allow 2 nights full sleep when switching from day to night shifts and vice versa. The necessity of night work time is to be discussed prior to implementation. Working time regulations for mobile workers posted. The central tenet of working time regulations in the uk is that every worker cannot be required to work more than 48 hours a week. They also allow for paid annual leave and include employees rights to rest breaks and uninterrupted periods of rest. Working time regulations optout agreement pdf 47 kb sample health questionnaire pdf 91 kb a right to free health and capacities assessments for night work.
All employees may request access to parttime working arrangements. Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. They are also covered by the tachograph rules on driving time. Regulations covering working hours apply to almost every business. Night work is defined as work performed during a period of not less than seven consecutive hours, including the interval from midnight to. Rest breaks workers over 18 are usually entitled to 3 types of rest break. European union eu rules on drivers hours and working time.
Working time and minimum rest periods in irish employment. The rights of shop and betting workers regarding sunday working are also included. The rights under the working time regulations apply to. Persons in positions of management or supervision and persons handling confidential administrative work who are closely involved in management are not subject to the regulations on working hours, breaks and days off with the exception of regulations on night work. The relevant statutory instrument is 571998 organisation of working time breaks at work for shop employees regulations, 1998.
The working week night work breaks holidays and leave paperwork enforcement 1. Summary of the law on working time thompsons solicitors. A compensatory rest break implies that employees can take the break at a later time. Dvsa enforces the working time limits and the requirement for health checks for night workers under the 1998 regulations for drivers operating under the gb domestic drivers hours rules and. However, workers may, if they wish, opt out of this provision and agree that they will work longer hours. A night worker is someone who regularly works for at least three hours during this period. Key points the working time regulations wtr grant rights to workers from day. What breaks am i entitled to under the working time regulations. These regulations may be cited as the organisation of working time breaks at work for shop employees regulations, 1998, and shall come into operation on the 1st day of march, 1998. Night shift workers rights uk working at night regulations. Rest breaks must be taken during the period of work and should not be taken either at the start or the end of a period of working time.
Workplace laws your employer may be violating here are some of the employee rights your boss may be breaking, either intentionally or inadvertently. Time spent oncall at the workplace including time sleeping when youre either working or asleep while oncall at the workplace, where sleeping is allowed. If you are under 18 but over school leaving age, you are classed as a young worker. Employment rules on the maximum weekly working hours apply to night workers as do rest breaks. Working time and breaks advice guides royal college of nursing. Staff are also entitled to 11 hours uninterrupted rest between each working day, and to one whole day off per. Employers may offer more generous terms and conditions in contracts of employment but, in general, they cannot agree with the employee to provide less than the working time regulations. Working time regulations 1998 hours, opt out, rest periods. Staff who regularly work at least 3 hours during the night period are night workers. The legislation which emanates from the eu working time directive gives uk workers the presumption of a maximum 48hour working week, a right to rest breaks at work and paid annual holiday. Whether an employer is within the limits is calculated by averaging the hours worked over a 17week period known as the reference period, granting you a measure of flexibility on a weekbyweek basis. This policy agrees that all workers with callout arrangements will be excluded. Take 20 minutes break if they work more than 6 hours. However, the regulations of the occupational safety and health administration do not require employers to give rest breaks or meal breaks to employees, no matter how many hours they work.