The working time regulations 1998 limit working hours to an average of 48 per week and require you to give workers minimum rest breaks and rest periods. 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. 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. Guidance for employers and employees on night and shift work. In contrast, in ireland the organisation of working time act, 1997 stipulates maximum. Night time is a period of at least seven hours which includes the hours from midnight to 5am. This is known as a working time regulations optout agreement. 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. Working hours in the uk are governed by the working time regulations 1998. You can buy the book at uk and most good bookshops. Working time regulations are one of the key areas of business management and in some cases, one of the easiest to slip up on. The working time regulations 1998 apply across the uk. Night working things to consider the working time regulations 1998 require employers to offer free health assessments for those workers who are required to regularly work at night.
They give workers rights to work a maximum weekly working time, to minimum daily, weekly and inwork rest breaks, and to. Dec, 2007 the regulations limit night workers average shift to eight hours and mean that employers have to offer staff health assessments, ensure minimum daily and weekly rest periods at work 11 hours of continuous rest in a 24hour period and a 20minute break after more than six hours and four weeks of paid annual leave. 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. The working time regulations 1998 outline requirements in respect of hours of work, rest breaks, night working and annual holiday entitlement. The ban on young workers working at night means between the hours of 10pm and 6am, or between 11pm and 7am.
The wider definition of worker includes certain agency workers and selfemployed contractors. Young workers may work at night if they are employed in hospitals or similar establishments, or in cultural, artistic, sporting or advertising activities. 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 working time regulations 1998 wtr give workers certain rights in relation to time spent working and time off work. Step by step, this leaflet explains weekly hours limits and night working limits. 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 of. 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. These limit the working week to an average of 48 hours although there is an optout, and the working day to an average of 8 hours. The regulations limit night workers average shift to eight hours and mean that employers have to offer staff health assessments, ensure minimum daily and weekly rest periods at work 11 hours of continuous rest in a 24hour period and a 20minute break after more than six hours and four weeks of paid annual leave. In these regulations the act means the organisation of. The first eu working time directive was introduced in november 1993. Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks.
Not allowed to work more than eight hours for night shifts in any 24hour period. The working time regulations came into force on 1 october 1998 to implement the european union directive council direction 93104 ec. They also cover the health and working hours of night workers. Not surprisingly, health workers are the focus of this guidance although useful for any employer. Average period of work inclusion of time on call night workers and shift workers. We provide precommencement screening and annual surveillance medicals specific to shift and night workers. The working time regulations 1998 are complex health and safety derived rules which underpin how employers can run their organisations. The working time regulations 1999 the 1999 regulations came into force on 17 december 1999 and extend to great britain only. In england, the working time regulations 1998 cover all these provisions. Young employees may not ordinarily work more than eight hours a day or 40 hours a week. Who is covered by the working hours provisions of the. 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.
The working time regulations 1998 put a limit on the number of hours that. They set the maximum weekly working time, patterns of work and holidays, plus the daily and weekly rest periods. Working time regulations 1998 hours, opt out, rest. 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.
Details of the working time regulations 1998 as amended which apply to other workers ie nonmobile workers are provided in a separate topic, working time. The working time regulations 1998 implement the european working time directive into gb law. 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. Working time and breaks advice guides royal college of nursing. Briefing 55 december 20 working time regulations for transport services and mobile workers this briefing provides a summary of the main requirements of the working time directive, particularly in relation to transport services and drivers. The working time regulations 1998 and 1999 new developments. A limit of an average of eight hours work in 24 which night workers can be required to work. The working time regulations are complex health and safety derived rules which underpin how employers can run their organisations. Rmt guide to the road transport working time regulations. 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 give workers rights to work a maximum weekly working time, to minimum daily, weekly and inwork rest breaks and to receive minimum paid annual holiday entitlement. Nightwork is defined as at least three hours of work taking place between the hours of 11pm and 6am.
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. Regulations a, working time regulations 1998 entitlement to annual leave 1 subject to paragraph 5, a worker is entitled to four weekss annual leave in each leave year. 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 existing rights, under the working time regulations, to a minimum 4 weeks paid annual leave and health checks for night workers continue to apply to mobile workers who will work under the provisions of the new road transport working time regulations. Q what rights do the regulations confer, and who is entitled to them. 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. Guidance launched late 2012 on shift work by the royal college of nursing describes how it can negatively affects the overall health of workers. Feb 11, 2008 the working time regulations 1998 wtr give workers certain rights in relation to time spent working and time off work.
Night workers must not work more than an average of 8 hours in a 24hour period. The working time regulations limits the hours that workers can work each week. 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. Under these regulations, a night worker is someone whose daily working time includes at least three hours of night time i.
Briefing 55 december 20 working time regulations for. Working time regulations advice guide for employers. The length of the working day has been an issue of contention for unions for hundreds of years, going back as far as the 1830s. 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. These regulations implement council directive 93104ec concerning certain aspects of the organization of working time o. They also give workers and employees the right to paid leave and specified rest breaks. Partner directory case studies book a partner demo. Working time regulations and the 48 hour week working time regulations 1998. Restricted hours for night work reduced to between midnight and 4 am. 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. The key aim of the regulations is to ensure standards of health and safety in the workplace. The wtr have been subsequently amended or supplemented on an almost annual basis since. The provisions in the latter directive which are implemented relate only to adolescents those aged. Night work is a typical feature of shift work, with over a quarter of nhs staff regularly working between the hours of 7pm and 7am.
Working time and breaks advice guides royal college of. Average 8 hours per night over twomonth period for those not involved in work of special hazard or physical or mental strain, in. The working time regulations 1998 and the working time amendment regulations 2007 came into force on 1 october 1998 and 1 october 2007 respectively, and. Working time and flexible working protected rights in.
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. Disruption of the internal body clock circadian rhythms sleeping. 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. Who is covered by the working hours provisions of the working. They also allow for paid annual leave and include employees rights to rest breaks and uninterrupted periods of rest. Under the working time regulations 1998, workers including parttime, zero hours and most agency and freelance workers have the right to at least 5. Jan 18, 2000 the working time regulations 1999 the 1999 regulations came into force on 17 december 1999 and extend to great britain only. But many workers are excluded, such as those in jobs that require 24hour staffing, the armed forces, emergency services and domestic servants, as well as those where working time is unmeasured and essentially within the workers control. Workers cannot lawfully be required to work more than an average of 48 hours a week. Holiday and holiday pay working time employment law.
Today an increasing number of workers do shift and night work as part of their work. Working time rights apply to workers that is employees. Regulations 45 set a default rule that workers may work no more than 48 hours per week. However, workers may, if they wish, opt out of this provision and agree that they will work longer hours. Who is covered by the working hours provisions of the working time regulations 1998. The working time regulations 1998 impose limits on workers hours of work.
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. Working time regulations 1998 hours, opt out, rest periods. Workers engaged in sea transport, sea fishing or inland waterway and lake transport do not have any protection under the regulations. Unless otherwise agreed by the employer and workers, night time runs from 11pm to 6am. Library books, journals and databases subject guides.
This section lists your obligations and outlines which workers are protected. Under the working time regulations 1998, employers may not require workers to work more than 48 hours per week on average. Shift work and working time regulations protect workers health. There is no optout possible from the young workers limitations. For further information and more detailed guidance, see working time regulations factsheet fs19. The rules apply to night workers who regularly work at least three hours during night time. This oc provides guidance on the working time regulations 1998. It is provided to apse member authorities throughout the uk.
Employees can choose to work longer, but the agreement must be in writing and signed by the worker. They give workers rights to work a maximum weekly working time, to minimum daily, weekly and inwork rest breaks and to. In 1998 working time regulations regulations were introduced to regulate the time that employees could spend at work. Legislation the working time regulations 1998 relate to employees working at least 7 hours and at least 3 hours between midnight and 5am. These regulations cover various matters including hours of work and holidays and were originally based on the ec working time directive. A night workers normal hours of work should not on average exceed eight hours in any 24 hour period. Summary of the law on working time thompsons solicitors. The working time regulations 1998 covers workers this includes employees but excludes the self employed.
They do not apply to selfemployed workers, or to merchant seamen, seafishermen, workers on ships or hovercraft operating on inland waterways or lakes. Over a reference period of 17 weeks, workers cannot be required to work more than. In these regulations the act means the organisation of working time act, 1997 no. On 4 april 2005, the road transport working time regulations 2005 came into effect. Shift work, working time regulations and night workers. Clearly any time when the employee is actually called out will be regarded as working time. Night workers are required to be offered a regular medical examination by their employer. Working time regulations a managers guide acca global. The working time regulations the governments response to the european working time directive require employers to offer night workers a free health assessment. Employers can ask workers to opt out of the wtr at any point. In industries where night shifts, working overtime or being oncall are a matter of course, keeping a close eye on working hours is essential.
This legislation lays down minimum conditions relating to weekly working time. Working time regulations 1998 amended 2007 legislation. The working time directive 200388ec is a directive in european union law. The reference period for calculating the average hours can. 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.
They also allow for paid annual leave and include employees rights to rest breaks and. The working time regulations are in place to protect workers from excessive hours. Four weeks of this entitlement comes from uk legislation and the additional 1. The regulations apply to both part time and fulltime workers, including the majority of casual. A the wtr apply to all workers, and not just to employees.
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