Você está na página 1de 4

WORKING TIME REGULATIONS

The purpose of this note is to give you a basic understanding of these regulations, to explain whether they do or do not apply to you, and to explain the actions Hawkpoint Partners Limited is taking to ensure compliance. The regulations are designed as a health and safety measure to supplement existing health and safety legislation. Summary of the regulations In general, subject to the opt-out below, staff should work no more than 48 hours a week averaged over a rolling 17 week reference period (the 48 hour rule); Individuals can elect not to apply the 48 hour rule by opting out; There is a requirement to maintain adequate records of hours worked by relevant staff who have not opted out to show that the regulations are being complied with. These are open to inspection by the Health & Safety Executive; Full time staff must receive a minimum of 4 weeks paid annual leave (the amount is pro-rated in respect of part-time workers) with a qualifying service period of 13 weeks; Staff are entitled to receive payment in lieu of any accrued but untaken statutory leave entitlement on leaving Hawkpoint; If a working day lasts more than 6 hours staff are entitled to a rest period, if they wish to take it, of at least 20 minutes not to be taken at the beginning or end of the period of work (this will usually be covered by your lunch break); Whenever possible, workers should have 11 consecutive hours rest in every 24 hours and a minimum of two periods of 24 hours consecutive rest in each 14 day period ie typically weekends; Night workers should work a maximum of 8 hours out of every 24, averaged over a 17 week period, and have a health assessment prior to commencing night duties and periodically thereafter. Night workers are defined as people who work at least 3 hours of their daily working time between 11pm and 6am on the majority of working days.

Who is covered by the legislation? All staff and all contractors administered on a PAYE basis except as described below. Exclusions

Those of director level and above are exempt from the regulations because they have autonomous decision-making powers. If a workers core or standard hours are specified and agreed between him/her and the company, either verbally or in the contract of employment, then work during that time (eg 9.00am to 5.30pm) will count towards calculating the 48 hour weekly limit. If the worker chooses to work additional hours (whether in the office, travelling or at home) without actually being instructed to do so, this extra time will not be counted in calculating whether or not the 48 hour limit has been reached. If on the other hand the worker is required to work outside the core hours by the Company (eg to attend a meeting) then this time will be counted. Although not exempt, the regulations are different for those engaged in providing, for example, security services, where a permanent presence or continuity of service is required. In this case that part of the regulations covering rest periods and night work does not apply provided compensatory time off is given (but there is no exemption from the limit on average weekly hours). Similarly, provided compensatory rest is offered, certain exceptions apply to shift workers: a) the daily rest entitlement does not apply when he/she changes shift and cannot take a daily rest period between the end of one shift and the start of the next; b) the weekly rest period entitlement does not apply when he/she changes shift and cannot take the full weekly rest period between the end of one shift and the start of the next; c) neither daily or weekly rest periods apply where the shifts worked are split up over the day. Voluntary opt out The regulations permit any individual covered by them voluntarily to opt-out of the average weekly working time limit. Those choosing to opt-out may, with 3 months written notice to the Company, opt back in. In view of the nature of our business and our need to be as flexible as possible the Company requests staff to opt-out. An opt-out form is therefore attached for completion and return to Marie Cruise, HR Administrator. The decision to opt-out is at your discretion. If you do not wish to opt-out you must begin to keep accurate records of your time (if you are not already

doing so) and submit these on a fortnightly basis to HR for monitoring. If you do decide to opt out, this does not mean that you have to work over 48 hours per week. It simply means that if you do go over that limit by working overtime or otherwise, the Company will not be committing an offence. As you would expect, the legislation is lengthy and complex. This note serves to distil only those issues relating to Hawkpoint staff. Should you require any further information or advice please speak to Pauline McDerment, HR Manager in the first instance.

027 Operating Procedures/Working Time Regs staff note1

VOLUNTARY OPT-OUT OF AVERAGE WEEKLY WORKING TIME LIMIT

1. I understand that the maximum weekly working time limit, including overtime (but excluding unmeasured working time), as set out in the Working Time Regulations 1998 (the Regulations) is 48 hours averaged over any reference period, normally 17 weeks, and that Regulation 5 provides an opportunity for me voluntarily to opt out of that limit. 2. I agree that the 48 hour limit on working time set out in Regulation 4(1) shall not apply to me in relation to my employment with Hawkpoint Partners Limited. 3. I understand that I would not suffer any detriment if I did not wish to sign this agreement and I confirm that this opt-out of the average weekly working time limit is entirely voluntary on my part. 4. I wish this agreement to be considered valid for an indefinite period. I may terminate this agreement by giving 3 months notice in writing to Human Resources. 5. I understand that this agreement will be kept on file for inspection, as may be requested, by Health and Safety authorities. 6. If I terminate this opt-out agreement, I agree that I shall keep accurate records of the hours that I work as of the termination of the 3 month notice

period referred to in paragraph 4. above. I also agree that I shall submit those time records on a fortnightly basis to HR for monitoring.

Signed

..

Name in full ..

Dated

..

Você também pode gostar