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working time daily and weekly rest periods EU ruling
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Posted By ian milne
Tried to read it but gave up; Your summary of it is what?
Ian
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Posted By Bill Bircham
Hi All,
I'm no legal expert, but the press release seems to say that the guidance published by the DTI in support of Working Time Regs do not go sufficiently far enough to meet the original EU Directive because it states:-
"employers must make sure that workers can take their rest, but are not required to make sure they do take their rest"
The ruling states:-
"By providing that employers must merely give workers the opportunity to take the minimum rest periods provided for, without obliging them to ensure that those periods are actually taken, the guidelines are clearly liable to render the rights enshrined in the Directive meaningless and are incompatible with its objective. The Court therefore rules that the United Kingdom has failed to fulfil its obligations under the Working Time Directive"
Could this mean the end of the personal 'opt out' scenario?
Rgds
Bill
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Posted By Charles Robinson Tech SP
I dont think you can opt-out of rest breaks (only the 48 hr week)but where you are unable to take a break compensatory rest needs to be provided
extract from the DTI says
What is compensatory rest?
"Compensatory rest"
is normally a period of rest the same length as the period of rest, or part of a period of rest, that a worker has missed.
The regulations give all workers a right to 90 hours of rest in a week. This is the total of your entitlement to daily and weekly rest periods. The exceptions allow you to take rest in a different pattern to that set out in the regulations.
The principle is that everyone gets his or her entitlement of 90 hours rest a week on average, although some rest may come slightly later than normal.
also from the DTI web site
Compensatory rest
26. The Jaeger judgement’s ruling that compensatory rest should be taken immediately creates potential difficulties whenever workers (for example, doctors on call overnight) who are called out and are due compensatory rest as a result are also scheduled to work the following day. Our preference would be for the Directive to make it clear that compensatory rest should be taken:
a. within a reasonable period and, in any event, within 72 hours of the missed daily break unless national law specified a shorter or longer period; or
b. at a time to be agreed by collective/ workplace agreement
This option would ensure that the worker is afforded compensatory rest soon after the interruption, which may not always be lengthy, whilst allowing for some flexibility to avoid disruption to services.
27. Alternatively, compensatory rest could be granted within a reasonable period and in any event within a period after the end of work, for example within 72 hours for daily rest and three weeks for weekly rest.
not sure how or if the EU ruling will effect the above
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Posted By B Smart
Lucky for some, meanwhile the poor offshore workers are still waiting for the WTD to be implimented, despite a legal ruling against the oil companies (who boast about their safety performance and attitude).
The Government have even made another amendment recently to ensure that we get our four weeks holidays, however guess what? Yes, we are still not entitled to it according to the caring and safety contious oil companies.
So back to the no blame culture and work till you drop or you'll be black listed environment of the offshore industry.
B Smart
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Posted By B Smart
Cheers Charles, I have it as my homepage offshore.
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working time daily and weekly rest periods EU ruling
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