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In october 1998, the working time regulations came into force, the most important component of which is the EU working time directive. The regulations provide provisions for

• The Maximum Working Week
• Compulsory Rest Breaks
• Paid Annual Leave
• Limitations To Hazardous Night Work

The Maximum Working Week

The maximum working week is 48 hours per week, and an employer cannot compel his employees to work more than 48 hours per week over a 17 week period. This is an average figure, and with the permission of the employee, this average can be calculated over a period of 26 or 52 weeks, instead of 17. If an employer dismisses an employee, because he refuses to work more than 48 hours per week, this amounts to unfair dismissal, and the employee could take him to court.

Working time includes your normal office hours, as well as:

• Work or business lunches
• Time spent travelling in the course of your duties, such as going on callouts, or travelling to meet clients
• Job related training
• Time spent abroad whilst conducting your employers business

Compulsory Rest Breaks

Adult workers are entitled to one day off in every 7, which means that your employers could quite easily require you to work for 6 days a week - they don't have to give you Saturday and Sunday off. Young workers, however, are entitled to 2 days off in every 7. A young worker is defined as someone between the ages of 15 and 18.

Adult workers are entitled to 11 hours consecutive rest in every 24, and so can only be compelled to work 13 hours no matter the circumstances. Young workers are entitled to 12 hours consecutive rest in every 24, and so can only be complelled to work 12 hours a day.

Adult workers are entitled to 20 minutes of uninterrupted rest if their working day is longer than 6 hours. Young workers are entitled to 30 minutes of uninterrupted rest if their working day is longer than 4 hours and 30 minutes.

Paid Annual Leave

Everyone has a paid annual leave entitlement of 4 weeks per year. In any year, for each month worked, you will gain one-twelth of your annual entitlement. So, for example, if you work for 6 months in a single year, you will be entitled to six-twelths or one-half of your annual paid leave entitlement.

When an employees contract ends, he is entitled to be paid for any paid leave entitlement which he has not yet used up.

It is important to note that the employer has the right to insist on when the leave may be taken. For example, your employer can insist that you take your annual paid leave over christmas, easter, or any other period when the company ceases operation for maintenance. Your employer does not have to give you bank or other public holidays off. This is entirely at their discretion, and if they do give you these days off, they have the right to deduct it from your leave entitlement.

Night Time Working

Where you are a night worker, and your employers risk assesment says that this may be haxardous, the maximum shift which you are permitted to work is 8 hours.

A night worker is defined as someone who works at least 3 night hours per day, in the normal course of their duties, and not as overtime or a atypical working hours. Night hours are classified as the hours between 11pm and 6am. It is important to note that night hours worked is calculated as an average over 17 weeks.

Opting Out Of The Regulations

Employees can voluntarily opt out of the working time regulations, and so work longer than the allowed time. Such an opting out agreement must be in writing, and employers are required by law to keep a register of all employees who have opted out of the regulations.

Employees can regain their rights, and cancel the agreement after giving suitable notice. If the opting out agreement doesn't state the notice that must be given, the default is 7 days, however, employers can require in the agreement that up to 3 months notice be given by employees, before they cancel the agreement, and resume their rights.

Employers cannot force their employees to enter opting out agreements, and if an employee refuses to do so, and is subsequently fired, this amounts to unfair dismissal, and they can take their employer to an employment tribunal.