My shifts at work are due to change, I’ll be doing Monday to Friday (50hrs) first week and then Monday to Saturday the following week (60hrs). working Saturday every other weekend.
My question for those in the know, is am I allowed to opt out of the Working Time Directive?
If I didn’t opt out I’m guessing this shift patten wouldn’t work ,as I’m guessing the average hours would be 55 hours.
Many Thanks
Lee
Your breaks and any POA on tacho come off the total, so in practice you may be under 48 hours on the shorter week without trying.
If you use break when it’s legal to and you arn’t on a job where you are run ragged, I would think you will be ok.
Your right you can opt out. But being a driver your basically excepted not to and if you did your find it impossible to get a job. As lot places like to max your hours out.
And as aboive breaks poa don’t count as wtd even though your at work. So you do a 13 hour shift take 2. 45 mins breaks only 11 half hours will Count towards wtd.
And it supposed be averaged out over 6 months I think?
So you could do 6 months of extra long weeks then 6 months of shorter weeks.
Either way your never go over using breaks and poa.
If you want a job with less hours look somewhere else
It’s my understanding that you cannot opt out of the WTD. What you can do with a collective workplace agreement is opt out of the 10 hour night shift restriction.
I stand to be corrected
As said above, the only part of the road transport working time regulations you can opt out of is the night time working hours limit, you cannot opt out of the average 48 hours working time per week.
However as also said above, breaks and POA do not count towards working time so whether or not you could do the hours you’re talking about depends on what breaks and POA you book.
By the way, don’t forget that you need to pay back compensation for reduced weekly rest periods no later than the end of the third week in which the reduced weekly rest period was taken 