Rank: Super forum user
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I've been looking at an voluntary organisations event due to take place over the bank holiday weekend and I have a concern that some volunteers may breach the working time directive over the two / three days by working well over a 15 hour day simply due to the distance they have to travel to get to the site (say an hours travelling to site, (the roster clerk is trying to split shift where people are willing)) and not wanting to do a split shift. Not all volunteers will not do the three days but most would possibly do a single day.
The question is even if a volunteer does a single day would they theoretically breach the working time directive?
Thanks in advance for any guidance in this matter.
Badger
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Rank: Super forum user
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Barrie the distance from/to the site can be removed from your calculation (R21) so long as you make sure they still comply with the rest periods...are they technically classed as your workers? or are you looking at their normal work + the volunteer work?
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Rank: Super forum user
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Hi Barrie, the working time regs only apply to contracted workers, in contrast to other areas of H&S law (source: ncvo website). If there is no contract, either explicit or implicit, they can volunteer for as long as they want. Big 3rd sector organisations are very careful with the drafting of their volunteer agreements in order to avoid an implied contract, smaller ones might not be. In any event, if the organiser has no paid workers at all they are not an employer and their volunteers are not workers in the meaning of the regs.
So the question is, might a contract exist? If so the regs apply, if not they don't,
John
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Rank: Super forum user
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Steve
For a 15 hour shift what amount of rest period(s) would be expected in time?
jwk
Yes there are paid workers but they are not(as far as I know) participating in the 15 hour shifts. Plus am conscious that volunteers are to be treated as a paid employee as far as the legistion decrees.
Badger
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Rank: Super forum user
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