Started a new job on the15 th october and worked all week and then worked saturday i then had 24 hours off as a reduced weekly rest started this monday and was planning to finish this friday and have 45 hours weekly rest off but the tm has rang to say im working i then tried to explain that i had worked the following weekend and need to catch up the rest but he said its ok to work catch it up next week.
Is this correct its a new job for me and with lots of hours so need some advice thanksu
t29sab:
Started a new job on the15 th october and worked all week and then worked saturday i then had 24 hours off as a reduced weekly rest started this monday and was planning to finish this friday and have 45 hours weekly rest off but the tm has rang to say im working i then tried to explain that i had worked the following weekend and need to catch up the rest but he said its ok to work catch it up next week.
Is this correct its a new job for me and with lots of hours so need some advice thanksu
Whether or not you can legally have another reduced weekly rest period this week depends on what rest you had immediately before starting work on Monday the 15th.
I see what tachograph is saying …
If you had at least 90 hours off before starting on monday 15th then, as the last 45 hours of that was at least 1 minute into the fixed week starting at sunday midnight, it can be counted as a full weekly rest for the week 15th to 21st inclusive
That being the case then you could have two reduced weekly rests in a row - one at the start and one at the end of the week 22nd to 28th but only one of those would be needed to count for that week
thanks for your for reply !!! yes as before the 15th had a weeks holiday so does that class then.!
So if it does will i do another 5days then and then have a45 plus make up of 12 hours off
t29sab:
thanks for your for reply !!! yes as before the 15th had a weeks holiday so does that class then.!
So if it does will i do another 5days then and then have a45 plus make up of 12 hours off
As you had a weeks holiday prior to starting work on Monday 15th you have had a regular weekly rest period that counts for the week ending 21/10/12 and you will have a reduced weekly rest period this week, to stay legal you must start a regular 45 hour weekly rest period no later than 23:59 Sunday 28th.
You only need to pay back compensation for one of the reduced weekly rest periods (whichever leaves the least compensation), and you will need to have paid back the compensation no later than midnight on Ssunday 18th November.
t29sab:
thanks for your for reply !!! yes as before the 15th had a weeks holiday so does that class then.!
So if it does will i do another 5days then and then have a45 plus make up of 12 hours off
As the holiday ended after sunday midnight (when you started the monday shift) the last 45 hours of that holiday can legally be used as a full weekly rest for the week 15 to 21 which we will call week 1
For a weekly rest to count for a particular week it must be at least 1 minute in that week
A week (often called a fixed week) is from sunday midnight to sunday midnight (said slightly differently in the regs but meaning the same thing)
A weekly rest can only be counted (or used) once
First shift after holiday started after midnight of sunday 14 oct
Last 45 hours of holls is counted as a full weekly rest for week 1
week 1
15 mon to 20 sat = work
21 sun off = reduced weekly rest which is in both weeks 1 & 2
week 2
22 mon to 27 sat = work
28 off = reduced weekly rest which is in both weeks 2 & 3
week 3
29 mon to 2 fri = work
3 sat & 4 sun = full weekly rest counted for week 3
We have a full weekly rest counted for both weeks 1 & 3 so that leaves week 2 needing a weekly rest which can be a reduced one
As both the unused reduced weekly rests are in week 2 then we have the choice of which one it can be
I would use the one at the start of week 2 as the reduced weekly rest for that week
That way the second one can be used as a 24 hour reduced weekly rest (but not counted or needing any compensation/payback) and the extra time over that 24 could be used as payback for the reduced weekly rest we chose to count at the start of that week if there is enough hours over the 24 to do the payback in one go
I think I said that right but expect to be correct if not 