Not had this senario as yet. But would like to know for in advance.
If i was to work a night shift (overall 13 hours say) Once breaks were deducted i was shown to have worked 11 hours (inc driving time / other work) would this be illegal or not. this question is only based on a single night.
Only reason i ask is the night workers 10 hour limit. ect. and the opt out ruleing for work places. Any advice welcome . Rather know before it actually happens .
may sound a silly question but its just something that bugs me and been meaning to ask.
cft:
Not had this senario as yet. But would like to know for in advance.
If i was to work a night shift (overall 13 hours say) Once breaks were deducted i was shown to have worked 11 hours (inc driving time / other work) would this be illegal or not. this question is only based on a single night.
Only reason i ask is the night workers 10 hour limit. ect. and the opt out ruleing for work places. Any advice welcome . Rather know before it actually happens .
may sound a silly question but its just something that bugs me and been meaning to ask.
cheers all
I found this - does it help
tachograph:
bbez:
Apologies Admin, i have posted in wrong section, please move to WTD forum…
Is it true that if more that 50% of the company staff sign the agreement to exceed the 10hr night time shift [ie: opt out] then it can be enforced over the entire staff.
To explain, if i don’t want to work more that 10hrs “working time” and haven’t signed the agreement, can the company allocate work that exceeds the 10hr limit if more than 50% of the workforce has opted-out…?
It depends on how the workforce agreement was brought into play.
Legally I don’t think it’s as simple as saying that over 50% have voted in favour of an opt out agreement.
If the workforce agreement was initiated properly as described bellow, then I would say that you would need to comply with it.
But either way you should understand that going against the wishes of the majority of the workforce could put you in a vulnerable position.
These can be either a collective agreement or work force agreement.
In general, employers and workers can agree to extend the reference period for the average 48 hour working time limit up to a maximum of 26 weeks and agree whether this will be monitored using a fixed or rolling method (see Section 3.7 - “who decides what reference period should be used”). Agreements can also be used to exceed the 10 hour limit for night work (see Section 4.4 - “working longer than 10 hours”).
These agreements can be made by ‘collective agreement’ (between the employer and an independent trade union) or a ‘workforce agreement’. If a worker has any part of their conditions determined by a collective agreement they cannot be subject to a workforce agreement.
Whether a collective agreement entered into by trade union representatives with a particular employer will apply to all the workers, union and non-union doing the relevant work, depends on the arrangements at that individual workplace and the terms of the workers’ contracts.
A workforce agreement is made with elected representatives of the workforce in most cases (see below). A workforce agreement can apply to the whole workforce or to a group of workers. The conditions relating to a workforce agreement are as follows:
an election must be conducted and those voting must be able to do so in secret;
the votes must be fairly and accurately counted;
candidates for election must be relevant members of the workforce or in the case of a group of workers they must be members of the group;
workers must be able to vote for as many candidates as there are representatives to be elected; and
the number of representatives to be elected is to be determined by the employer.
To be valid, a workforce agreement:
must be in writing and have effect for a specific period (not exceeding 5 years);
have been circulated in draft to all workers to whom it applies together with the guidance to assist their understanding of it; and
be signed before it comes into effect either:
o by all the representatives of the members of the workforce or group of workers; or
o if there are 20 workers or fewer employed by a company, either by all representatives of a workforce or by a majority of the workforce.
i had searched for a while. and trawled through some stuff.
My main thing was finding what hours i could actually work. as in other work and driving time. alot pointed towards weekly time and rest ect. and shift times including poa ect.
cft:
If i was to work a night shift (overall 13 hours say) Once breaks were deducted i was shown to have worked 11 hours (inc driving time / other work) would this be illegal or not. this question is only based on a single night.
Without an opt out agreement in place it would not comply with the WTD.
You can still work a shift up to the maximum of 13 hours, 15 if you have 9 hour daily rest periods available, but without an agreement no more than 10 of those hours can be driving and other work for a night worker, a night worker as defined by the WTD.
got a infringement for 10 hrs 43 mins working , started work at 3.30 a.m, finished at 17.30 the other week
i must admit i didnt realise i was anywhere near 10 hrs work , pleaded innocence due to digi tacho not warning me i was comming up to 10 hrs.
bloke just said will look into that then and get fault rectified , and put down no action taken
Ady1 the didgi tacho does not tell you when you have driven for 10 hrs it only tells you that you are 4hr 30m driving and to take a break , i would have thought getting a near 10 hours driving warning was more important
klunk/■■■■■■■■
Ady1 the didgi tacho does not tell you when you have driven for 10 hrs it only tells you that you are 4hr 30m driving and to take a break , i would have thought getting a near 10 hours driving warning was more important
thanks klunk but i already knew it didnt warn you about the 10 hr rule , but obviously some dont
, and put down no action taken 
