Employers can opt for a rolling reference period of 17 weeks (similar to that used in existing working time regulations), provided they inform the workers concerned. No “relevant agreement” is required. For the purposes of the provisions, a week is a period between 00:00 on Monday and 24:00 on the following Monday. This template was created by Farillio, so we cannot assume any responsibility for its content. We recommend that you seek professional advice before making any important content-based decisions. Any collective agreement or personnel agreement that purports to suspend an adult worker`s right to withdraw from the 48-hour week is null and void. The working time regulations and the legal limit of 48 hours serve to protect the health and safety of employees. For this reason, it is important that if an employee agrees to work more hours, you have a copy of this agreement in writing to ensure that you comply with the law. Truck drivers cannot work more than six hours without a break, and the minimum break time depends on the duration of their work: the reference period for calculating the 48-hour week is usually 17 weeks, but can be extended to 26 weeks if a collective agreement or personnel agreement allows it. There is no opt-out for people who want to work longer than an average 48-hour week, but breaks and “uptime” do not count as working time.
This can be a collective agreement or a personnel contract. A collective agreement is a collective agreement between the employer and an independent union. A personnel contract is concluded between the employer and the respective mobile employees of their representatives. You and your employee can terminate the withdrawal agreement at any time by giving you sufficient notice at a time – the government website states that employees must notify you seven days in advance, but for written agreements, they may need to notify you further (up to three months). If you only occasionally drive vehicles subject to EU rules on driving times, you may be able to benefit from the 2005 regulations for casual mobile workers. Farillio offers legal tools and models designed for small businesses and the self-employed. Using their model, which allows employees to opt out of working time regulations, will help you meet your legal obligations and take responsibility for your company`s journey. Employers can ask employees to work more than 48 hours a week, but this is a voluntary agreement so you can`t fire or treat your employee unfairly if they refuse. A reference period is the period over which your average weekly working time is calculated. The regulation provides for a standard subscription period of 17/18 weeks with fixed start dates. However, other reference periods may be agreed with a workforce through a “relevant agreement”.
You must publish your company`s personnel agreement in writing and make it available to all employees. It applies either to all employees or to employees of a particular group. Our opt-out model for the Working Time Directive gives you a basis for creating your own agreement. Download our agreement to unsubscribe from the working time policy and adapt it to your company. Read on to find out more about working time regulations in the UK and make sure you comply with the law. A personnel agreement is an agreement between an employer and its employees or employees that sets out negotiated deviations from certain legal rights and rights related to hours of work. The regulations on working time for road transport also apply to drivers of heavy goods vehicles (trucks) and passenger cars (PCVs). In addition, they must follow the drivers` time rules, which concern the time you can spend behind the wheel.
However, it does not apply to workers whose working conditions are covered by an existing “collective agreement” (e.g. B, an agreement negotiated with a trade union which can also adapt these working time issues). If you have agreed with your employees to change these legal rights, this will be described in detail in a personnel agreement, by .B. with regard to the periods of night work and rest. Our partnership with them allows us to provide you with relevant and high-quality legal documentation for your small business. Here are some other farillio templates you might find useful: Download your unsubscribe form now or get it directly from Farillio`s website, where you`ll also have access to the entire suite of customizable legal templates. A staff agreement is an agreement between an employer and his employees on the application of certain provisions of the Working Time Ordinance 1998 (SI 1998/1833). An agreement on working time must be in writing, be in force for a certain period (no more than five years) and apply either to all members of the workforce or to all members of the workforce belonging to a particular group – with the exception of workers whose working conditions are provided for in a collective agreement. It must have been distributed in the project to all workers to whom it applies, along with guidance to help them understand it.
It must be signed before its entry into force either by all the representatives of the staff or of a specific group of workers or, if the employer employs 20 employees or less, by all the representatives or by the majority of the workers employed by the employer. Drivers also have specific rest obligations. Learn more about working time policy breaks for truck drivers and PCV drivers. The Drivers` Working Time Directive states that drivers of lorries and PCVs cannot: the rules do not exempt drivers and crew members who drive in vehicles that are not covered by EU working time rules. Self-employed drivers based on a very narrow definition (specific to the regulations) are currently excluded. .
