WTD - new laws on the Normal one - not the RTD

[rog]

This question is not about the transport WTD (RTD)

OK, I’m useless at reading what laws actually mean so am looking for a bit of help on the normal WTD - nothing to do with the mobile workers one.

Does this lot below mean that a person can or cannot do an eight hour shift and then sleep on the premises on-call for the next 10 hours

INFO SOURCE

Definition of on-call time as working time

The Council and Commission introduced the ideas of “active” on-call time (a period during which the worker must be available at the workplace in order to work when required by the employer) and “inactive” on-call time (a period when the worker is on call but is not required by his employer to work).

In its common position the Council says that inactive on-call time should not count as working time unless otherwise decided by national law or by agreement between employers’ and employees’ representatives in accordance with national law.

At its second-reading vote, the Parliament reiterated its position that any period of on-call time, including inactive time, is to count as working time. However, inactive on-call periods can be calculated in a specific way for the purposes of complying with maximum weekly average working time.

INFO SOURCE
The basic rights and protections that the Regulations provide are:
· a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
· a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
· a right for night workers to receive free health assessments.
· a right to 11 hours rest a day.
· a right to a day off each week.
· a right to an in-work rest break if the working day is longer than 6 hours.
· a right to 4 weeks paid leave per year.
Current position on the opt-out in the UK
As the Working Time Directive is going through a negotiating process in Europe, the UK Working Time laws remain unchanged and so workers are still able to opt-out of the weekly working time limits if they wish.
Member States reached agreement on a revised Working Time Directive at the European Employment Council on 9 June 2008. This was a landmark agreement and allows the UK’s vital labour market flexibility to continue, while ensuring workers are treated fairly. The opt-out was preserved with no references to phasing it out or a future end date. The Directive must now be progressed through European Parliament for their consideration. This is likely to be sometime in late 2008 or early 2009.
The UK will be given time to implement any changes to legislation after the revised text has concluded its passage through the European legislative process and has been formally agreed

[delboytwo]

hi Rog

you will find the the on call bit is POA but there don’t call it that as there not mobile workers, it basis is on doctors on call or sleep in care assistants or bar workers

all workers in this country are subjected to the 48 WTD but at the mo non mobile workers can opt out

Doctors in training
From 1 August 2004, doctors in training will be subject to weekly working time limits, which will be phased in as follows:

58 hours from 1 August 2004 to 31 July 2007
56 hours from 1 August 2007 to 31 July 2009
48 hours from 1 August 2009
Their average weekly working time is calculated using a 26-week reference period (see section How is the average weekly working time calculated? for information on how the average weekly working time is calculated).

What is ‘working time’?

The Working Time Regulations state that working time is when someone is “working, at his employer’s disposal and carrying out his activity or duties”.

This includes:

Working lunches, such as business lunches.
When a worker has to travel as part of his or her work, for example a 24-hour mobile repairman or travelling salesman.
When a worker is undertaking training that is job-related
Time spent abroad working if a worker works for an employer who carries on business in Great Britain.
This does not include:

Routine travel between home and work.
Rest breaks when no work is done.
Time spent travelling outside normal working time.
Training such as non-job-related evening classes or day-release courses.

On 3 October 2000 the European Court of Justice gave judgement in a case concerning the status of ‘on-call’ time (1).The judgement related to doctors employed in primary health care teams although a similar approach has been taken by the courts in other areas. It indicated that ‘on-call’ time would be working time when a worker is required to be at his place of work. When a worker is permitted to be away from the workplace when ‘on-call’ and accordingly free to pursue leisure activities, on-call time is not ‘working time’

A worker is:

someone who has a contract of employment, or
someone who is paid a regular salary or wage and works for an organisation, business or individual. Their employer normally provides the worker with work, controls when and how the work is done, supplies them with tools and other equipment, and pays tax and National Insurance contributions. This includes part-time and temporary workers and the majority of agency workers and freelancers.
Someone doing in-house training or a trainee on work experience - for example, doing a National Traineeship - is also a worker. A young worker is someone who is above the minimum school leaving age but under 18