The Working Time Regulations 1998 as amended (WTR) were introduced to implement the EC Working Time Directive (93/104) (‘the Directive’). WTR apply to workers under a contract of employment or any other contract, whether express or implied, to provide services personally, and set down the minimum conditions with regard to weekly working time, rest entitlements and annual leave. These regulations remain in force despite the removal of the UK from the EEU.

OVERVIEW

This Guidance Note explains these regulations (WTR) that apply to all employees.

  • Workers can only be asked to work a maximum 48 hour week unless they sign an opt-out agreement. The opt out agreement for the UK still stands.
  • Workers have a right to 11 hours rest a day.
  • Workers have a right to 28 days paid leave per year.
  • The definition of what is working time is crucial to the calculation of hourly rates of pay and the national minimum wage.
  • ‘On call’ time for employees such as porters or caretakers who may have residential positions and be required to be on site is normally assumed to be working time.
  • WTR also impact on employees that regularly attend evening meetings.

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