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European Directive!

ProfilePosted byOptionsPost Date

Chris

Chris Report 17 Mar 2004 21:35

My wife, a retail worker, has been informed that due to new regulations she may be asked to work up to six hours without a break. While I understand directives are guidelines and not without some elasticity, surely this can't be right? Does the Railway, Factories and Shops Act not count any more? This couldn't or shouldn't be allowed or do you know better?

lou from leicestershire

lou from leicestershire Report 17 Mar 2004 22:03

chris the law is that you r entitled to a break after working 6 hours it doesn't have to be a paid break and can be at the end of a 6 hour shift lou

Bob

Bob Report 17 Mar 2004 23:32

I thought you were entitled to a 15 min break in any 4 hour period and 30 min after 5 hours (with 15 min break)

Elizabeth A

Elizabeth A Report 17 Mar 2004 23:40

Hi Prehaps somebody can confirm - that there are exceptions - ie armed forces. Also, it used to be the case with hourly paid staff - that if you were paid for x amount of hours a day your breaks were unpaid and added onto working day - hope that makes sense. Liz

John

John Report 18 Mar 2004 08:23

Thank goodness I'm self-employed - I work when I like and take holidays when I like! Usually work long hours and take few holidays though. Ha ha!

Hilary

Hilary Report 18 Mar 2004 09:13

The European Working Time Directive was implemented by the UK in 1998 and that says that if you work over 6 hours, then you must get a 20 minute break. This legislation is now under challenge because as usual, the UK tweaked it a bit but Europe says that we must now conform. The main area of contention is the UK's insistence that people don't have to keep below the 48 max working week. The rest of Europe feels that's a cop out in trying to limit crazy hours (just think of doctors!). All this sits on top of the existing UK law e.g. offices, shops and railways acts - but doesn't dovetail with it very well. Hope that helps, Hilary

PinkDiana

PinkDiana Report 18 Mar 2004 12:20

if she works with any Display equipment she is entitled to 5 minutes break in every hour. Other than that 6 hours is the maximum period of time tou are allowed to work without a break.

Kathryn

Kathryn Report 18 Mar 2004 13:45

Hello, Watching Euro News on cable the other day and there was a news item and it stated that the European Parliament has a website and on that site there are opinion polls for us to fill in and give our views - I wonder why these sorts of things are kept quiet. Ha! nothing to do with GENES but I found a web site of a tropical island ,beautiful far away from the madding crowd etc BUT what was on it - no I could not believe it - there was an article about a Euro MP and his visit there - in his capacity as MP not on hols!!! I was outraged - but of course have done nothing about it - not even complained to anyone...... happy hunting everyone.....Katy

BobClayton

BobClayton Report 18 Mar 2004 16:52

Chris. The European Directives are not guidelines they a framework law which the member states must implement under their own statutes. These directives are passed as regulations in the UK under the Health & Safety at Work act 1974 . The directives can be directly applied in British courts, but the usual process is for the member state to be taken back to the EU courts and told to amend their law. The Factories act 4 1/2 hour break rule I seem to recall was only applicable to young persons. As far as the current UK law stands go to http://www.dti.gov.uk/er/work_time_regs/wtr0.htm According to this more than six hours cannot be worked without a break of at least 20 mins not to be take at the start or end. By the way if your wife has enjoyed more generous breaks. Then this may form part of her contract of employment (even if not written i.e. its an implicit term). This overrides law if the terms are better. Employers cannot unilaterally change the terms of a contract, contrary to common belief. Guess who was a union rep for 20 years? (although I’ve forgotten a lot) Bob