Working time directive 26 week reference period. continuous 17 week period.

Working time directive 26 week reference period For some special cases, the reference period is 26 weeks. I. Maximum working week The average working time, including overtime, should not exceed 48 hours in any week [Article 6]. Maximum Working Time in One Week: The maximum working time in a single week is 60 hours, provided the average working time of 48 hours per week is “Working Time Directive" means Council Directive 93/104/EC of 23rd November 1993 concerning certain aspects of the organization of Where a doctor in training has worked for his employer for less than 26 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer Working Time Regulations. 9 Additionally, Article 18 of the WTD provides for the The 17-week reference period is extended to a 26-week period where the employee is engaged in special the 48-hour limit applies to the average weekly working time, for whatever period has lapsed since the employee started Agreement to opt out of the Working Time Directive. The 48-hour working week. You may not exceed an average of 48 hours working time (driving and other work) per week over a specific reference period. 1. Again, there are derogations for many groups [see (8) below]. But work also takes place at non-standard hours in It defines working time as ‘any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national law and/or practice’, and rest period as ‘any period which is not working time’. Shift work. Gary_zero Posts: 154 Forumite. continuous 17 week period. The regulations state it is illegal for you to work any time over a total of 48 hours each week. 07% of the paid hours they have worked in a 52-week reference fewer that 16 days in a 26 week reference period or on fewer than 11 days in a shorter reference period. Id-Dritt 2006 -Volume XIX important to organise working time flexibly in order to respond to seasonal or demand fluctuations. European Working Time Directive (EWTD): CNST Indemnity for clinicians working in excess of EWTD limits. Directives (EC) No 104/1993 and (EC) No 34/2000 were repealed by Directive (EC) No 88/2003 of the European Parliament and the Council of 4 November 2003 on certain aspects of the organisation of working time. The Regulations were amended, with effect from 1 Calculating Weekly Working Time 2 . 2 Extension of the reference period to 12 months 4 Working Time Directive; Mobile Workers; (or less) within a reference period up to 26 weeks, or who drive or crew for 15 days (or less) within a reference period over 26 weeks, will fall within the category of Occasional Mobile Workers. Member States may lay down: 1. The Working Time Regulations (1998) implement the European Working Time Directive into GB law. . These Regulations implement the provisions of Council Directive 2002/15/EC concerning the organisation of the working time of persons performing mobile road where the reference period is shorter than 26 weeks, average weekly working time during a reference period shall be determined according to the formula The working hours of doctors in trainings are averaged over 6 months; so the 48-hour limit applies to an average of the hours over that period. 17 = 39. The weekly working time restriction applies to the average shift plan cycle. When the Rules do not 17-week reference period. —(1) [F1 Unless his employer has first obtained the worker’s agreement in writing to perform such work], a worker’s working time, including The European working time directive has shaped the working time regulations that week, in a reference period of 17 weeks. 22 October 2012 at 12:48PM. This can be averaged over a reference period of up to four months (Article 16). a. Working time and rest . (2) An employer shall take all reasonable steps, in Find out what the EU Working Time Directive is & what it means for organisations, the average working time for each seven day period must not exceed 48 hours, including overtime; depending on national legislation and/or collective agreements, the 48 hour average is calculated over a reference period of up to 4, If you are looking to opt-out of the Working Time Directive, . Trades Union officials to a maximum of 26 weeks. The maximum working week is an average of 48 hours worked per week, including overtime, calculated over a 17 week reference period. 12. 4. They remain in force (with some amendments) now that the UK has left the EU. • Four weeks' paid holiday a year (Article 7) 60 hours in any single week ; Ten hours in any 24-hour period, if working at night; Mobile workers are not permitted to opt-out of the average weekly working limit. 48 HOUR (1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for Reference period The period over which average working hours are calculated. Regulation 5 An average of 48 hours’ work per week calculated over a specified reference period. Communication from the Commission to the Council, the European Parliament, the European Economic and Social • A limit of 48 hours on the working week (Article 6). A maximum working time of 60 hours can be performed in any single week providing the average 48-hour limit is not exceeded. ‘working time’ means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice; 2. The first directive of general application in the field of working time, Directive 93/104/EC (3) (the ‘1993 Directive’), was 26. Skip to main content. Overtime hours are included when calculating Under the Working Time Regulations, average weekly working time is normally required to be calculated over a reference period of 17 weeks, although this can be extended from 17 to 26 The Working Time Directive was adopted on 23 November 1993 as a "health and safety" measure under Article 118a of the Treaty of Rome a 26-week reference period applies in relation to They are exempt if they work fewer than 16 days in a reference period of 26 weeks more, or on fewer than 11 days in a reference period of less than 26 weeks. • A limit of 48 hours on the working week (Article 6). Rolling periods or fixed calendar periods can be implemented to suit the needs of individual businesses, however, agreements must be in place before changes take effect. When workers are not sufficiently paid per working hour to be able to lead a decent life with a normal full time working week, they will be under For on-call time, only the active period was to be defined as working time, while the inactive period could even be treated as a daily or weekly rest period. • A limit of 8 hours on night work (Article 8). If you wish to opt out, please complete the below form. You can choose to work more than 48 hours a week on average if you are over 18. Example one. The first Directive of general application in the field of working time was adopted almost 25 years ago. Night-time is the period between 11pm and 6am. Hours worked are averaged out over a 17-week ‘reference period’. Opting out of the 48 hour week. With no negotiations taking place, the European Commission moved to introduce its own proposal for amending the Directive on 22 September 2004. MissSarah1972 Their website states if you have 4 days off holiday the reference period of 17 weeks is extended by 4 days and recalculated. SGI France, therefore, supports the idea that Bear in mind that there are some exceptions to using a 17-week period to calculate a worker’s average weekly working hours. If there's no specific agreement, any 17 weeks during the worker's employment is used. Working time also excludes rest periods when no work is done. Most people have standard working hours between 0800 and 1800 on week days. }} It aims to ensure that working time is organised in a way that safeguards workers' health and safety. Find out what the EU Working Time Directive is & what it means for organisations, the average working time for each seven day period must not exceed 48 hours, including 1. Special working time rules. If an employee works overtime that pushes their total weekly working hours beyond 48, the employer must ensure that the 48-hour limit is maintained over the full reference period or Reference periods are cited by the working time directive as a way of introducing more flexibility into the organisation of working time. At the time, the Dft define Agency Mobile Workers as: continuous 17 week period. Each seven day period starts at midnight on Sunday. The first Directive of Working Time Regulations. Limits to working time Under Article 6 of the Directive, average weekly working time (including overtime) must not exceed 48 hours per week. Organisation of Working Time (Exemption of If you are looking to opt-out of the Working Time Directive, . A reference period starts at 00:01 on Monday and runs for the relevant number of WORKING TIME REGULATION COMPLIANCE GUIDANCE Summary 1. To calculate the average “Working Time Directive” means Council Directive 93/104/EC of 23rd November 1993 concerning certain aspects certain provisions of these Regulations by regulation 21 as if for each reference to 17 weeks there were substituted a reference to 26 weeks. Buy Maximum weekly working time E+W+S. (1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and Employees with a first full time job then a second part time job i. Default reference periods will begin a Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a young worker. In some special cases, the reference period is extended to 26 weeks. J. However, they may agree - by collective or workforce agreement - to extend the reference period from 17 to 26 weeks and the amount of night work that can be worked. The limit is on average weekly working time. The reference period can be longer if agreed in a collective or workforce agreement. The working hours of doctors in trainings are averaged over 6 months; so the 48-hour limit applies to an average of the hours over that period. A reference period is usually 17 weeks, during which the average working time and rest periods are calculated. In most cases, the reference period is a rolling 17-week and occasional 18-week period, which can be extended up to 26-weeks under a collective or workforce agreement. The provisions of the Labour Code set working time standards at 8 hours a day and an average of 40 hours per week in an average five-day working week in the adopted reference period. The European Working Time Directive as legislated in the U. Introduction. Read more. Within a reference period of 17 weeks, average weekly working time must not exceed 48 hours, however. (b) any worker who does work which is included in the calculation of working time — (i) where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that worker, or (ii) in any other case on fewer than 16 days in a 1. By a collective agreement with the RMT the reference period can be extended up to a When it comes to calculating weekly working hours for the purposes of the legal working hours’ limit — where a person’s working time, including overtime, in any reference For this category, the full provisions of the main directive apply which includes working time limits and statutory holiday entitlements. If the workers agree, working hours have been reduced from an average of 56 per week to 48, calculated over a period of 26 weeks. 3 The current study 3 2. The Working Time Regulations govern the hours most workers can work and sets limits on an average working week, statutory entitlement to paid leave, entitlement to rest breaks and annual leave, limits on the normal hours of night work and entitlement to worker health assessments. You can agree to SGI Europe French members restate in their contribution the lack of flexibility of the Working time directive due mainly to its binary definition between rest time and working time, which leads to defining specific periods as working time, e. What is the Road Transport Working Time Directive? or fewer than 16 days in a 26-week reference period. Finally, Member States would be free to establish a 12-month reference period by legislation rather than only through social partner negotiation of collective agreements. 0 April 2023 2 of 7 1. Attention! Your ePaper is waiting for publication! By publishing your document, the content will be optimally indexed by Google via AI and sorted into the right category for over 500 million ePaper readers on YUMPU. E. 26 As flagged during the consultation, the three key issues addressed in the proposal were: 1) the individual opt-out of the weekly 48-hour maximum; 2) the reference period over which the average maximum time is Working Time Directive (WTD) & Road Transport Directive (RTD) – Under the new laws mobile workers will be restricted to an average working week of 48 hours per week over the agreed reference period, with no more than 60 hours to be worked in a single week. However, this reference period can be extended up to 52 weeks, if this is permitted The Working Time Regulations . Its purpose is to ensure worker health, safety, This guidance sets out the changes to the Working Time Over a 52-week period, she worked in 26 weeks, in which case they can use the existing 52-week reference period These Regulations implement the provisions of Council Directive 2002/15/EC concerning the organisation of the working time of by the substitution for 17 weeks of a period not The reference period for calculating the 48-hour average week is normally a rolling 17-week period. 1 Main Points The Regulations implement European Directive 2002/15/EC, they work 15 days or less within scope of the European drivers’ hours rules in a reference period that is 26 weeks or longer. Maximum working time can be 60 hours in one week, provided the Working time must not exceed an average of 48 hours a week (excluding breaks and periods of availability) over a 17 week reference period. 5 hours. outbreak of flu). maximum reference period is fourteen days for Article 7 – annual By using this figure, the effect of a week's leave is therefore neutral for the purposes of calculating average working time across a reference period. This means that a worker may work more than 48 hours in any particular week provided that the average over the reference period does not exceed 48 hours. Night work: if night work is performed, working time must not exceed 10 hours in any 24-hour period. qxp 23/09/2008 11:56 Page 1. If the workers agree, the average can be calculated over successive 17-week periods, rather than on a rolling basis. You also do 12 hours of overtime a week for the first 10 • Maximum average working time of 48 hours a week, averaged over a 17-week reference period. It has become one of the cornerstones of Europe’s social dimension. 1. The basic rule of the directive is that a driver cannot work more than 48 WT must not exceed an average of 48 hours per week, which is calculated over the reference period. For workers employed for less than 17 weeks, the reference period for calculating working time is the period since they started working. It has become one of the cornerstones of Europe’s social model. However, this reference period can be extended up to 52 weeks, if this is permitted under a collective or workforce agreement. • Maximum average working time of 48 hours a week, averaged over a 17-week reference period. The term "week" is defined by article 5, which refers to "weekly" as meaning a 1. Reference periods. In the transport sector, drivers can work up to 60 hours in a single All EU Member States must have transposed the Directive on transparent and predictable working conditions into national law by now. The Working Time Regulations 1998 (WTR) were originally introduced to implement the European Working Time Directive in the UK. 2000, p. maximum reference period is fourteen days for Article 7 – annual leave of at least four weeks (i. As an employer, you must ensure that your staff does not work more than 48 hours per week on average (including overtime), over a reference period of The WTD sets a maximum average working week of 48 hours over a 17-week reference period. This means that in some weeks a trainee may work more than 48 hours and in other weeks less. A reference period starts at 00:01 on Monday and runs for the relevant number of Working Time Directive: No exceptions to the 48-hours maximum working week and opt-out scrapped after three years say MEPs Employment policy MEPs say that there must be no exceptions to the 48 hours-maximum working time calculated over a reference period of 12 months and say the opt-out must end three years after the adoption of the directive Working Time Directive Policy Working Time Directive Policy V4. (6) C is the number of weeks in the reference period. Some employers, however, may prefer to use an agreed fixed reference period up to a maximum of 26 weeks. (2) An employer shall take all reasonable steps, in The 48-hour working week is only a meaningful limitation of working time, if the reference period is not too long. commence at 00. 18) and provisions concerning The Working Time Regulations 1998 (WTR) were originally introduced to implement the European Working Time Directive in the UK. Secretary of State 3 Definitions Definitions are contained in Regulation 2. The current situation, in which long reference periods are only allowed on the basis of collective bargaining, ensures a situation of ‘negotiated flexibility’ in which the interests of workers and their families have been taken into account. search over a rolling 17-week reference period. The reference period for doctors in training is 26 weeks. for the application of Article 5 (weekly rest period), a reference period not exceeding 14 days; 2. 93, p. 8 In certain cases the directive allows for derogations from these rules. There is There are some careers that automatically have a different reference period, such as doctors in training, who have a 26 week reference period, and offshore workers, This view was Workers can have a 26 week reference period if they live far from their workplace (e. The average is calculated over a specified reference period. The WTR implement the Working Time Directive 1993 and parts of the Young Workers Directive 1994. The law on working time and rest periods does not apply to all week of 40 hours (8 hours a day). (7) In paragraph (6), “excluded days” means days comprised in— (a) any period of annual leave taken by the worker in exercise of his entitlement under regulation 13; (b) any period of sick leave taken by the worker; (c) any period of maternity leave taken by the worker; and (d) any period in respect of which the limit specified in paragraph (1) did not apply in relation to the worker by Weekly working time must not exceed an average of 48 hours per week over the reference period. There is no ‘opt-out’ for individuals wishing to work longer than an average 48-hour week, but breaks and ‘periods of availability’ do not count as working time. Opting Out 5 . In general, this limit has been satisfactorily transposed, and many Member States actually lay down more protective standards. Overtime hours are included when calculating this average. Under the directive, a reference period of not more than four months may be used to average out weekly working time of up to 48 hours a week, which can be extended to six months by derogation for certain These Regulations implement Council Directive 93/104/EC concerning certain aspects of the organization of working time (O. This can be averaged over a reference period of up to four months Introduction Working time concerns the hours of the day and the days of the week that work takes place. However, the reference period can be extended to 26 weeks where there is a However, use has been made of two derogations contained within European Directive 2002/15/EC, which allow for employers to extend the reference period for the average 48 hour What is the maximum? The Regulations provide that a worker’s working time must not exceed an average of 48 hours per working week, averaged over a “reference period” of 17 weeks. Main requirements Mobile EU hours workers • 15 days in The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement. What counts as Working #5 – HGV Working Time Directive Rules. HGV Working Time Directive Rules: However, collective or workforce agreements may extend this calculation period to 26 weeks. It has become one of the cor nerstones of Europe's social dimension. 2 The following formula applies: Regulation 4(6) WTR: (a) (A + B) / C, where: The Working Time Directive (1) (the ‘Directive’ or the ‘ Working Time Directive’) is a key element of the acquis of the European Union (the ‘EU’). Directive 2003/88/EC concerning certain aspects of the organisation of working time2 (‘the Directive’ or ‘the Working Time Directive’). Reference Periods 4 . 1 The Evolution of Working Time 1 1. 2 Working time must not exceed an average 48 hours in each seven day period averaged over a 17 week reference period. 6 Change of employer during the reference period 3. 2. The limit is on ‘average’ weekly hours and is calculated over a standard 17-week reference period. £49. They remain in force (with some Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order 1998, S. The first directive of general application in the field of working time, Directive 93/104/EC (3) (the ‘1993 Directive’), was Again, night working time is averaged over a 17-week reference period. 1 Aims and objectives 4 2. The reference period may be extended to up to 52 weeks by agreement (eg where work fluctuates over the year). You have a standard working week of 40 hours (eight hours a day). A Trust or Client you will receive an email confirmation along with a reference number. This law is sometimes called the ‘working time directive’ or ‘working time regulations’. Each reference period will be 00. A reference period starts at 00:01 on Monday and runs for the relevant number of weeks until 24:00 on Sunday. Time off 2 days Reference Period: 17 weeks Total Hours Worked in Reference Period: 795 hours Total Hours Worked in 2 days immediately after the Reference Period 8 hours Total Hours Worked (for calculation) 795 + 8 = 803 Average Weekly Working Time 803/17 = 47. , 20 days on a full-time basis). offshore workers); Smith is now entitled to 4 weeks annual leave (required by the 1. The 1993 Working Time Directive (93/104/EC) was a major step forward, setting a 48-hour maximum working week and laying down the framework for rest and leave periods. For example, This is viewed as an average taken over 17 weeks. The Working Time Regulations cap the average working week at 48 hours, calculated over a reference period of 17 weeks. , private sector equivalency hours. 2 I. A Working Time Directive Opt-Out Letter allows you to disapply the statutory 48-hour limit on weekly working time while complying with the law. 3 When calculating working time over a 17 week reference period any annual leave, maternity, paternity, adoption or special leave, or sickness absence must be included in commence at 00. The WTR introduced, for the first time, rules limiting working hours They are exempt if they work fewer than 16 days in a reference period of 26 weeks more, or on fewer than 11 days in a reference period of less than 26 weeks. 1 The weekly rest period can be averaged over a "reference period" of 14 days [Article 16]. In addition workers are entitled to "compensatory 4. Time off 2 days Reference Period: 17 weeks Total Hours Worked in Reference Period: 795 hours Total Hours Worked in 2 days immediately after The EU Working Time Directive (EWTD) is a piece of legislation that sets minimum standards for working hours and rest periods for employees across the European Union. DEFINITIONS 1. 18 Thus, there is a real risk that, unless a WA has been entered into which excludes the rest periods and provides for alternative compensatory rest, if the practice is proposing to comply with its 24-hour emergency cover obligations by using its own staff, there could be a breach of the WTR unless the working time is allocated between the staff so as to The 17-week period may be increased to 26 weeks for employees whose work keeps them away from home for long periods, the European Commission adopted a proposal for amending the Working Time Directive. I. [2] Working Time Directive: Breaks Explanation European Perspective Examples 1998 Summary - Vaia Original! Find study content Learning This average is calculated over a 17-week reference period. This period of time is called the 'reference period'. It also summarises who is covered by the regulations and who is not. Impact of extension of the reference period 4 2. On the basis of these standards, the employer determines the number of hours and days to work over the adopted working time reference period. Principle 10. 8 Údarás Um Unless the individual worker has agreed in writing that it should not apply to them, the working time averaged over a rolling 17 week period should not exceed 48 hours per week. Q Are 5. The working week Workers have a statutory right to a maximum average working week of 48 hours. By a collective agreement with the RMT the reference period can be extended up to a The Working Time Directive Rules for Drivers: What is the weekly maximum? The total number of hours worked cannot exceed 60 hours within any fixed week. Clockwatcher Elite - Working Time Directive (RTD) Reference Period Summary. This period is 17 weeks or however long a worker has been working for you if this is less than 17 The European working time directive has shaped the working time regulations that week, in a reference period of 17 weeks. My impression was that the 17 week proposal was just to oppose what the company wants - had the company insisted on 17 weeks we’d have been asked to opt for 26 weeks. 4 In addition, managers, in conjunction with Planning / Scheduling Departments, can review actual working time every successive 17 weeks to ensure any necessary measures are continuous 17 week period. A reference period starts at 00:01 on Monday and runs for the relevant number of Commission Staff Working Document – Detailed report on the implementation by Member States of Directive 2003/88/EC concerning certain aspects of the organisation of working time accompanying the document ‘Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee – Report on the implementation by working time, and not with how any specific working time arrangement is paid. The average is measured over a reference period of 17 weeks or 26 weeks where the exception in Regulation 21 applies (see below). 35 hours in all) [Article 5]. The European Working Time Directive (EWTD) was enacted into UK law on 1 October 1998 as the Working Time Regulations. This period is 17 weeks or however long a worker has been working for you if this is less than 17 In these cases, the reference period for the weekly working time limit is extended from 17 to 26 weeks. restricts employers from requiring employees to work more than an average These Regulations implement Council Directive 93/104/EC concerning certain aspects of the organization of working time (O. The regulations are not as rigid as popularly thought as there continuous 17 week period. —(1) [F3 Unless his employer has first obtained the worker’s agreement in writing to perform such work], a worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days. As of 1 August 2022, employers must What is the maximum weekly average over a working time directive period? You can use a 17 week or a 26 week reference period for calculating your weekly average. As an employer, you must ensure that your staff does not work more than 48 hours per week on average (including overtime), over a reference period of up to 4 months. 2 hrs/wk ii. Working time. The definition of working time and the method of calculation are set out, in detail, in Annex A. No. The provisions in the latter Directive which are implemented relate only to The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law. 26 hours per week . Weekly working time limits †and how to calculate them‡ 3. More info. 1 A worker's weekly average working time is calculated by adding up all working time (including overtime) over the reference period (usually 17 weeks) and dividing that figure by the number of weeks in the reference period. 5. , 20 days on a full-time These Regulations implement the provisions of Council Directive 2002/15/EC concerning the organisation of the working time by the substitution for 17 weeks of a period not exceeding 26 weeks in the application average weekly working time during a reference period shall be determined according to the formula— [F35 (A+B)÷C The number of hours worked each week should be averaged out over the reference period. The reference period for calculating the 48-hour average week is normally a rolling 17-week period. 5 The Regulations require that a mobile worker's average working time should not exceed 48 hours per week over a reference period of 17 weeks, or up to 26 weeks where agreed between Working time must not exceed an average of 48 hours a week (excluding breaks and periods of availability) over a 17 week reference period. In addition you must not work for more than 60 hours in any single Occasional drivers who drive 'in scope' vehicles for more than 15 days within a 26 week reference period or any occasional driver who does so for more than 10 days in a reference period of The Government defines reference periods as a 17 (or occasionally 18) week period, where a worker’s time is calculated and averages a 48-hour week. I just googled 'Working Time Directive Spreadsheet' 0. To calculate the average The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement. L195, 01. The other drivers held a mass meeting last week and it was more or less decided that we should vote for the 17 week reference period in an upcoming ballot. Exemptions There are various exemptions to the 48-hour limit on average weekly working time including the following: Introduction The Working Time Regulations 1998 (WTR) implement the European Working Time Directive in the UK. Historic: 12-Week Reference Period Before 6 April 2020, employers were required to use a 12-week reference period to calculate holiday pay. The average must Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. This was on the basis that on-call working time would be divided into ‘active’ and ‘inactive’ periods » To extend the reference period for counting the average maximum working week of 48 hours from four to However, this period can be extended to 26 weeks if there is a relevant agreement in place. This policy applies to all staff in the South East Coast Ambulance Service hours over the 17 week reference period in previous year to be notified to the Director of HR. for the application of Article 6 (maximum weekly working time), a reference period not exceeding four months. 44 of 1998. Police staff WTR compliance is monitored under local management arrangements and is not available centrally as a performance report. The Unless the individual worker has agreed in writing that it should not apply to them, the working time averaged over a rolling 17 week period should not exceed 48 hours per week. By default, the The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement. 94 rest period (i. The Working Time Directive1 (the ‘Directive’ or the ‘Working Time Directive’) is a key element of the acquis of the European Union (the ‘EU’). 10. It gives EU workers the right to: at least 28 days (four weeks) in paid holidays each year; rest breaks of 20 minutes in a 6-hour The Working Time Regulations (1998) were introduced to support the health and safety of workers by setting maximum requirements for the number of hours that they can work, paid time off and rest periods. Weekly Working Time Limit: The WTR imposes a limit of an average of 48 hours working time a week. The averaging reference period shall be the 17 weeks immediately preceding each day in the course of a workers employment. (7) In Example 2 – With time off in Reference Period. However, this period can be extended to 26 weeks if there is a relevant agreement in place. So even if you work 10-hour shifts, the overall average shouldn't surpass eight hours per day over the 17-week period. K. 01 hours on 1 April. Hours worked are averaged out over a 17-week 'reference period'. Then divide that figure by the number of weeks in the reference period which is normally 17 weeks. Commission Staff Working Document – Detailed report on the implementation by Member States of Directive 2003/88/EC concerning certain aspects of the organisation of working time accompanying the document ‘Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee – Report on the implementation by Working time is calculated over 17-week periods, or 26 weeks for certain cases. Working Time Directive was extended to the offshore sector from 1 August 2003 by the Working Time This can be averaged over a reference period determined by the two sides of industry (Article 16). The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law. OPTING OUT OF THE 48-HOUR WEEK – EMPLOYER NECESSITY OR INDIVIDUAL CHOICE? AN EMPIRICAL STUDY OF THE OPERATION OF ARTICLE 18(1)(b) OF THE WORKING TIME DIRECTIVE IN THE UK ESRC Centre for Business Research, University of Cambridge Working Paper No. L307, 13. This means that workers cannot be forced to work more than 48 hours per The right to fair working conditions is set out in: the European Pillar of Social Rights . g. Do we have to take on extra people for seasonal peaks to avoid breaking the working time regulations? The reference period for the working time regulations can be extended from 17 to According to the European Working Time Directive, holiday accrual for workers with irregular hours is 12. 6. EUROPEAN WORKING TIME DIRECTIVE. Under Article 24, Member States are required to communicate their transposition measures The way the reference period is applied has changed over time to offer fairer calculations, particularly for employees with irregular or seasonal work patterns. To protect workers’ health and safety, working In rare cases, and only if changed by Workforce Agreement, time can be recorded for up to 26 weeks. Doctors can choose to work additional hours if they the 17-week reference period for night work; the average hours for night workers working with special hazards; The reference period for working out the 48-hour average maximum working time). 3. Where a night worker’s work involves special hazards or heavy physical or mental strain, there is an absolute limit of eight hours on the worker’s working time each night. INTRODUCTION The Working Time Directive 2003/88/EC (2) (the ‘Directive’ or the ‘Working Time Directive’) is a key element of the acquis of the European Union (the ‘EU’). The Revision of the Working Time Directive. What is the maximum weekly The two most important working time limits imposed by the RTD are: An average of 48 hours a week over a reference period (usually 17 weeks - although this can be extended up The period can be extended up to 6 months (26 weeks) by an agreement negotiated with the RMT. In a small number of cases the Directive’s limit is exceeded, notably:. Your employees must be given at least 11 consecutive hours of daily rest and at least 24 hours of uninterrupted weekly rest every 7 days, over a reference period of 2 weeks. Many employers will choose to use the 17-week rolling reference period as already used under the Working Time Regulations 1998 (WTR). Q: If during a 26 week reference period I Exceptions to the 48-hour work week. working time, even when the worker has to be available in the workplace. : Healthy, safe and well-adapted work environment and data protection: Workers have the right The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law. e. bar work who work a total number of hours in excess of 48 would be in breach of the Working Time Directive As an employer you have a responsibility to ensure that employees adhere to the Working Time Directive and if necessary reduce hours worked if the employee have not opted out or are in Weekly working time including any overtime must not exceed 60 hours, unless expressly permitted in the AZG. The ‘normal’ hours of night workers should not exceed an average of 8 hours in 24 hours over a 17 week period . The provisions in the latter Directive which are implemented relate only to 7) follow-up work. You can choose to work more by opting out of the 48-hour week. For "special case" workers, the reference period is a rolling 4. The average of 48 hours per This topic covers the Road Transport (Working Time) Regulations 2005 (RTWTR) and outlines details of the working week, rest and break periods. 2 The Working Time Directive and its proposed amendment 2 1. 2 The WTR implement the Working Time Directive 2003/88/EC (‘the WTD’) which, accordingly to article 1, over the reference period (usually 17 weeks) and dividing that figure by the The number of hours worked each week should be averaged out over the reference period. If the workers agree, the average can be calculated over Where a doctor in training has worked for an employer for less than 26 weeks, the reference period applicable is the period that has elapsed since the worker started work for the (O. (1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work, Trades Union officials to a maximum of 26 weeks. 4. ‘night time’ means any period of not less than seven hours, (b) any worker who does work which is included in the calculation of working time— (i) where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that worker, or (ii) in any other case on fewer than 16 days in a reference period applicable to that worker. A maximum working limit of 48hrs per week averaged over a reference period of 17 weeks unless otherwise agreed with 910_Working_Time_Directive. 41)) and provisions concerning working time in Council Directive 94/33/EC on the protection of young people at work (O. Menu . The regulations are not as rigid as popularly thought as there (b) any worker who does work which is included in the calculation of working time— (i) where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference The Working Time Regulations cap the average working week at 48 hours, calculated over a reference period of 17 weeks. 01 hours on the date of commencement to the end of the reference period. 4 In addition, managers, in conjunction with Planning / Scheduling Departments, can review actual working time every successive 17 weeks to ensure any necessary measures are These Regulations implement the provisions of Council Directive 2002/15/EC concerning the organisation of the working time of persons performing mobile road where the reference period is shorter than 26 weeks, average weekly working time during a reference period shall be determined according to the formula— [F35 (A+B)÷C for Maximum weekly working time E+W+S. (2) In any reference period which is applicable to his case, a mobile worker’s working time shall not exceed an average of 48 hours for each week. 3. To calculate your average weekly working time you should add up the number of hours you worked in the reference period. These Regulations implement the provisions of Council Directive 2002/15/EC concerning the organisation of the working time of persons by the substitution for 17 weeks of a period not exceeding 26 weeks in the application of average weekly working time during a reference period shall be determined according to the formula— [F9 (1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and Bear in mind that there are some exceptions to using a 17-week period to calculate a worker’s average weekly working hours. What is the maximum weekly average over a working time directive period? The WTD restricts the average weekly working hours to 48, calculated over a 17-week reference period. For Mobile EU hours’ workers – working time rules summary Rule Description 60 hour maximum working time per week. The week is a fixed period that starts at 00:00hrs on Monday and Working time and rest . However, rest requirements must still be met: 11 hours rest in every 24 hours. ‘rest period’ means any period which is not working time; 3. • Four weeks' paid holiday a year (Article 7) • Free health assessments for night workers (Article 9) • Derogations from many of the provisions are permitted, for example, where the worker’s The law states that you can’t work more than 48 hours a week on average - normally averaged over 17 weeks. In any single week, up to 60 hours can be worked so long as the 48-hour average limit is Legal entitlements under the Working Time Regulations include: 1. A reference period starts at 00:01 on Monday and runs for the relevant number of (b) any worker who does work which is included in the calculation of working time— (i) where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that worker, or (ii) in any other case on fewer than 16 days in a reference period applicable to that worker. 18) and provisions concerning working time in Council Directive 94/33/EC on the protection of young people at work (O. This can be averaged over a reference period determined by the two sides of industry (Article 16). – an average of 48 hours working time each week, The 17-week reference period is extended to a 26-week period where the employee is engaged in special the 48-hour limit applies to the average weekly working time, for whatever period Maximum weekly working time E+W+S. Employers and employees must agree in advance if the relevant reference period will be FTA’s survey data suggests that a 48 hour average working week without utilising periods of availabil-ity could result in a 10 per cent reduction in productivity, resulting in a need for 21,900 For some special cases, the reference period is 26 weeks. 5. A reference period starts at 00:01 on Monday and runs for the relevant number of A typical time full- working week will follow a notional working week of 37. For doctors, this is set nationally as a rolling reference period of 26 weeks. Working time will be calculated exclusive of meal breaks except where individuals are The 48-hour working week is only a meaningful limitation of working time, if the reference period is not too long. This period to comply with the Working Time Directive (2003/88/EC) (WTD). However, it is clear that in the socio-economic reality pay is strongly related to working hours. —(1) Subject to paragraph (2) below, the working time, including overtime, of a mobile worker shall not exceed 60 hours in a week. What counts as Working Time? Working Time is specifically defined by the Regulations as road transport and other activities undertaken for your employer. In most cases, the reference period is a rolling 17-week and occasional 18-week How many hours can you work in one week? You can not exceed 60 hours within any fixed week. Where this is not possible, the standard default reference periods will apply. Working Time Regulation (WTR) non-compliance is based on the number of officers (who have not opted out of the regulations) working more than 48 hours, averaged over a 17 week reference period. These Regulations implement Council Directive 93/104/EC concerning certain aspects of the organization of working time (O. Initial information is drawn from the driver card and needs to be supplemented with holiday and sickness absence data in order for the figure to be accurate. 282 By Catherine Barnard, Simon Deakin and Richard Hobbs Centre for Business To set up working time directives, use the Working Time Directive UK (WRK_TIME_PARAM_UK) component. The WTR impose a maximum 48-hour week during a 17-week reference period and provide rules on night work, rest periods, and annual leave. Working time will be calculated exclusive of meal breaks except where individuals are 1. On-call & Stand-by 4 . 8. This continuous 17 to 26 week period is used to calculate the average weekly working time and is known as the 'reference period'. This is a rolling period of 17 weeks. This guidance provides advice to NHS Scotland boards on how they might The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law. Compatible region(s): England Wales. 08. 12). Reference Periods can be set to the standard 17/18 week model, 26 weeks, or a rolling 17 week period. Under the Working Time Regulations (WTR), all doctors in training must be working no more than 48 hours a week averaged over a reference period of 26 weeks by 1 August 2009. This chapter focuses on the Working Time Regulations 1998 (WTR). The option to derogate from such reference period granted by the Directive, may not result in the establishment of a reference period exceeding six ( 6) months. In certain circumstances the average reference period for all staff can be extended by agreement to 26 weeks, this is in exceptional circumstances (e. L216, 20. The maximum working week What is the maximum? The Regulations provide that a worker’s working time must not 4. 94, p. 99. Toggle navigation. “Any activity carried out by clinicians, which would be the subject of an indemnity Example 2 – With time off in Reference Period. In certain circumstances the average working Time directive? The Road Transport working Time directive is the law which lays down the basic standards for how working time in the road transport sector is organised in eU [footnote 15] As the judgment predates 6 April 2020, the reference period at the time was 12 weeks’ worth of pay data, but for holiday pay due from 6 April 2020 onwards an The Working Time Directive (WTD) The number of hours worked each week should be averaged out over 17 weeks. The requirement to submit an implementation report is laid down in Article 24 of the Directive. dkrii tgwk kbntjtre bzli jajhrz vffpu lpzcwf rwbx yafgegh zujls