If any of your workers do night work even casual, freelance and agency workers there are special regulations you must comply with. The working time regulations the regulations, provide rights for workers ensuring that they do not have to work excessive hours. Covid19 coronavirus and employment law practical law. Workers cannot be required to work more than 48 hours per working. In industries where night shifts, working overtime or being oncall are a matter of course, keeping a close eye on working hours is essential. If there is no agreement in place your employee will be defined as a night worker should they work at least three hours of their daily working time during night time as a normal course.
Shift work, working time regulations and night workers. Workers have a statutory right to at least 28 days paid holiday each year under the working time regulations 1998 wtr, with an equivalent prorated entitlement for part time workers. 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. They affect the number of hours an employee can work per week as well as. The working time regulations 1998 introduced a new statutory framework, which would in future influence the contractual relationship. The professions in yorkshire and humberside with the highest prevalence of night time shifts.
Free practical law trialto access this resource, sign up for a free trial of. 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. To ensure each workers average working time does not exceed 48 hours per week. The working time regulations wtrs 1998 and subsequent amendments are a health and safety at work measure, which implement the european working time directive 1993 in the uk. Working time regulations 1998 the working time regulations came into force on 1st october 1998.
The regulations aim to outline minimum daily and weekly rest periods, paid leave and the limits set for total and average time that employees may be expected to work in one week. Working hours, flexible working and time off requests for changes to hours of work or flexible working on the basis of association with a protected characteristic requests for changes to hours of work or flexible working relating to a workers religion or belief. Working time regulations 1998 amended 2001 az hr the. Some groups are given special protections, such as young workers and night workers. Nightwork is defined as at least three hours of work taking place between the hours of 11pm and 6am. Minimum wage and working time regulations duncan lewis. 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. Working time and breaks advice guides royal college of nursing.
Library books, journals and databases subject guides. Under the working time regulations 1998, workers including part time, zero hours and most agency and freelance workers have the right to at least 5. Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. Working time regulations download full handbook download this section 27. The working time regulations 1998 and 1999 new developments. A maximum working time of 60 hours can be performed in any single week providing the average 48hour limit is not exceeded. Introduced in the uk in 1998, the eus working time regulations mean employees cannot be forced to work more than an average of 48 hours a week. The working time regulations 1998 apply across the uk. Staff who regularly work at least 3 hours during the night period are night workers. The regulations can be varied either by collective, workforce or individual agreements dependent upon the regulation concerned. Night workers health questionnaire under working time regulations, all night workers are to be offered an initial and an annual health assessment. The night period is 11pm to 6am, unless the worker and employer agree a different night period.
Night time is defined as a period of at least seven hours which includes the. Working time regulations are one of the key areas of business management and in some cases, one of the easiest to slip up on. These regulations apply to both part time or full time workers, including the majority of agency workers and consultants. Summary of the law on working time thompsons solicitors. 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. The working time directive 200388ec is a directive in european union law.
The aim of the regulations is to impose minimum requirements on employers, while at the same time allowing flexibility for workers and employers to. A limit of an average of eight hours work in 24 which night workers can be required to work. The working time regulations 1998 impose limits on workers hours of work. 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. The law applies to full time, part time, agency and casual workers from the day they begin work. Working time regulations 1998 amended 2007 legislation. Briefing 55 december 20 working time regulations for. Whether or not such oncall time is considered working time is important both for determining compliance with both the working time regulations 1996 and the national minimum wages act 1998. She grew up in maine, where she and her two sisters and brother spent a lot of time outdoors, and where banks developed an early love of reading. The provisions in the latter directive which are implemented relate only to adolescents those.
These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. Working time and contractual holiday the cases and the. Normal working hours of a nightworker must not exceed an average of eight in each 24 hour period, averaged over 17 weeks. A night worker is someone who regularly works for at least. You can agree with your employer to change the night time period. The working time regulations 1998 implement the european working time directive into gb law. Know the rules for oncall workers hr daily advisor. The 1998 regulations also brought into force certain provisions of the ec directive on the protection of young people at work the young workers directive, relating to rest periods, breaks and night work in respect of young people. Employers may count paid bank holidays as part of this entitlement. These regulations cover various matters including hours of work and holidays and were originally based on the ec working time directive. Limits on working hours for night workers additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. Restricted hours for night work reduced to between midnight and 4 am. What counts as working time for the purposes of the working.
In addition, there has been a recent development under the 1998 regulations, namely the increase of the statutory minimum paid holiday entitlement. Variations are set for adult workers and young persons. Guidance on the working time regulations the purpose of this guidance is to outline the provisions of the working time regulations wtr and explain the way in which they apply in oft. Working time and breaks advice guides royal college of. Information on night working is collected on the labour force survey, however we do not regularly produce any outputs using this variable. Workers cannot lawfully be required to work more than an average of 48 hours a week. Kate banks has written many books for children, among them maxs words, and if the moon could talk, winner of the boston globehorn book award, and the night worker, winner of the charlotte zolotow award.
Oxfordshire county council believes the working time regulations are a positive step in improving the health and safety management of employees. Jan 18, 2000 the working time regulations 1999 the 1999 regulations came into force on 17 december 1999 and extend to great britain only. In addition, you are affected by two provisions under the working time regulations 1998 as amended the 1998 regulations. Everyday low prices and free delivery on eligible orders. A recent european case has considered this question in relation to the working time. A worker is defined as being an individual who has entered into work or works undera contract of employment, whether express or implied 2 agency workers are also included but they must not work for example, a rival firm. You are a night worker if you regularly work for at least three hours during the. The provisions in the latter directive which are implemented relate only to. Night workers must not work more than an average of 8 hours in a 24hour period. The working time regulations 1998 covers workers this includes employees but excludes the self employed.
Working time and flexible working protected rights in. This policy covers regulations arising from the working time directive of the european union, introduced as a health and safety measure which came into force in the uk on 1 october 1998. It is one of the most comprehensive pieces of employment legislation ever to deal with working time and the provision of holidays. The working time regulations health and safety executive. Not surprisingly, health workers are the focus of this guidance although useful for any employer. If you do, then it must be at least seven hours long and include the time between midnight to 5. The working time regulations 1998 implement the european. The working time regulations came into force on 1 october 1998 to implement the european union directive council direction 93104 ec. They revise the working time regulations 1998 the 1998 regulations which came into force on 1 october 1998 in two important areas unmeasured working time and recordkeeping requirements.
Over a reference period of 17 weeks, workers cannot be required to work. I, tom kitt, minister for labour, trade and consumer affairs, in exercise of the powers conferred on me by sections 7 3 and 12 3 of the organisation of working time act, 1997 no. 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. I, tom kitt, minister for labour, trade and consumer affairs, in exercise of the powers conferred on me by subsection 3 of section 4 of the organisation of working time act, 1997 no. Shift work and working time regulations protect workers health. They set the maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods. The limits on night working hours do not usually apply.
Guidance launched late 2012 on shift work by the royal college of nursing describes how it can negatively affects the overall health of workers. Jun 21, 2006 the working time regulations were introduced in order to implement the ec working time directive which lays down minimum conditions relating to weekly working time, rest entitlements and annual leave, and makes special provision for working hours and health assessments in relation to night workers. 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. 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 nightwork is defined as at least three hours of work taking place between the hours of 11pm and 6am.
The rights and entitlements relating to length of night work. Weekly working time must not exceed an average of 48 hours per week over the reference period. A night workers normal hours of work shall not exceed an average of 8 hours for each 24 hours. The working time regulations were introduced in order to implement the ec working time directive which lays down minimum conditions relating to weekly working time, rest entitlements and annual leave, and makes special provision for working hours and health assessments in relation to night workers. The working time regulations 1998 implement the european working time directive into uk law. This oc provides guidance on the working time regulations 1998. The working time regulations came into force on the 1st october 1998.
A night worker is classified as an individual who regularly works for more than three hours during the period 11 p. 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. The provisions in the latter directive which are implemented relate only to adolescents those aged. What counts as working time for the purposes of the. In the uk, the european commission ec working time directive is implemented via the working time regulations 1998. Working time regulations the working time regulations 1998 introduced limitations on the length of the working day and working week, as well as giving workers the right to a minimum level of paid annual leave. It is a law made to implement a directive made by the european union and applies to employment law in the uk. Holidays and holiday pay the latest here is the latest employment update from acas on holidays and holiday pay.
This legislation lays down minimum conditions relating to weekly working time. Many organizations instead keep workers on call, i. Nightworkers are defined as those work 3 or more hours at night time for most of their working days. 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. Working time regulations 1998 st richards hospital. They consolidate and replace the provisions of the working time regulations northern ireland sr 1998 386 and the ten statutory rules which amended it from 1998 to 2009. Thank you for your query regarding night workers in yorkshire and the humber. The regulations originally came into effect on 1 october 1998, and include basic entitlements and limitations concerning the organisation of working time. Employers who fall out of compliance not only risk alienating staff. The work time amendment regulations 2003 apply to offshore workers. Working time regulations 1998 hours, opt out, rest. Mobile workers in road transport have more limited protections.
As a result, they continue to implement directive 200388ec and. The regulations limit the working week to 48 hours for most types of employee, though workers can voluntarily optout of this limit. The above regulations provide that an employer may not request or permit an employee to work more than 48 hours on average per week, unless the employee has previously agreed in writing that. 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 part have effect subject to the exceptions provided for in part iii of these regulations. Working time regulations protocol l120 kent police. 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. Working time regulations and the 48 hour week working time regulations 1998. The regulations define night time as the period between 23. This includes periods when the worker is undergoing training directly related to their job, travel where it is part of the job, eg for a travelling salesperson, and. This fact sheet provides a brief explanation of the main provisions of the working time regulations 1998 as amended wtr. 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.
Until october 1998, a workers rights in relation to hours of work and the right to time off with or without pay were largely a matter of what was agreed in their individual contract. The county council accepts the working time limits specified under the regulations will be applied to all employees except where. News new working time regulations for northern ireland. Since 1st october 1998, the european union working time regulations 93104ec have been in force in the uk. 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.
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