Night workers are also entitled to a free health assessment before arriving at night shifts and then regular checks. Night work schemes cannot be excluded. Any provision of an agreement (whether an employment contract or not) is nullified if it attempts to exclude or limit the application of a provision of the regulation, unless the 1998 WTR provides for such an effect. Any provision of an agreement (whether an employment contract or not) is set aside if it wants to prevent a person from bringing an action in an employment tribunal under WTR 1998. [Work time development 1998, Regulation 35 (1)] Mobile road transport workers who are not covered by the European Working Time Code are not entitled to the specific provisions relating to the length of night work; Rest and rest time. Instead, the regulations require only “reasonable tranquillity.” The leave provisions that are covered by these regulations may be covered by a collective agreement or, failing that, the notice period a worker must grant should be at least twice the length of the requested leave period. An employer`s refusal must be made within a period of time corresponding to the leave requested. The rules determine who the “special case” workers are. Differences in the employer`s interpretation of this interpretation should be addressed in the context of collective bargaining. F.56 How do I apply the requirements for weekly working time, night work limits, health assessment and registration? If the individual worker has not agreed in writing that it should not apply to them, the average working time should not exceed 48 hours per week over a 17-week period. For “special case” workers, the reference period is a 26-week working period. Workers have the legal right not to be forced to work more than 48 hours a week. This includes overtime.
However, it is possible to “choose” and, in this case, an agreement should be reached in writing. Employers have an obligation to “take all appropriate measures to ensure that the average weekly working time is not exceeded, in accordance with the need to protect the health and safety of workers.” When a worker agrees to exceed the average weekly working time, it is essential that employers are up to date. This is not only the legal requirement, but also a good practice to protect the employer from future litigation. The pause should be taken during work, not at the beginning or end. The exact date will be the subject of the collective agreement. You will find more information in our holiday and holiday guide and more information on other aspects of working time and working time regulation in the list of tour guides among the themes of working time, holidays and leisure. It is customary to calculate the right to leave for workers with irregular hours at a rate of 12.07% of hours worked (assuming that a year of work of less than 52 weeks is the legal right to leave of 5.6 weeks – 46.4 weeks and 5.6 weeks – 12.07% of 46.4 weeks).
Comments are closed.