Are you Complying with the Working Time Directive
Maximum Weekly Working Time:
Employees should not work more than an average of 48 hours a week, unless they choose to opt out of this limit (where permitted).
The maximum average working week of 48 hours is not solely limited to one employer. It is based on the total number of hours worked by the employee which may be across multiple employers.
Employees with a first full time job then a second part time job i.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 breach of statutory break periods.
What counts as working time:
- Any job-related training
- Time spent working from home
- Time spent working abroad
- Any other time that could be deemed to be working time under the contract
- Any unpaid overtime requested by the employer
- Working lunches or events
- Paid overtime
- In some cases time spent on call
- Travel time as part of the job role including time to and from customers sites
- Normal contracted hours of work.
- Secondary employment
Rest Periods:
Daily rest: Employees are entitled to a minimum daily rest period of 11 consecutive hours in every 24-hour period.
Weekly rest:
Employees should have an uninterrupted rest period of 24 hours in every seven-day period, which is in addition to the 11 hours daily rest. This can be averaged over a two-week period, meaning employees can take two days off in a fortnight.
Breaks:
Employees are entitled to a break if the working day exceeds six hours. The exact duration and terms of the break can vary by country.
Night Work:
Night employees should not work more than an average of 8 hours in a 24-hour period.
Regular night employees should receive free health assessments.
Night employees suffering from health problems recognized as being connected to the fact that they perform night work should be transferred to day work wherever possible.
Paid Annual Leave:
Employees are entitled to a minimum of 4 weeks paid annual leave plus statutory holidays
Special Protections:
There are special protections for young employees
Record Keeping:
Employers need to maintain accurate and up-to-date records of employees’ hours, including overtime, to prove compliance with the Working Time Directive.
Opt-Out:
Employees can choose to opt out of the 48-hour week. However, they cannot opt out of the other protections the WTD provides.
Importantly, employees must not be forced to opt out and can choose to opt back in, typically by giving a notice period (often 7 days to 3 months, depending on the agreement).
Health and Safety:
The directive also aims to protect employees’ health and safety, so employers need to ensure that working hours do not compromise employee well-being.
Need help and support to ensure you are complying with the Working Time Directive, KeyHR can supply a complete Working Time Directive policy and opt out forms to ensure you comply with current legislation. Contact Us
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