European working time directive

Potential-Monke

Hopefully not breaching anything here, apologies if i am.

Simple question, if there is no prior agreement between employer and employee, do the terms of the European Working Time Directive stand strong and clear? Specifically, the 11 hours rest within 24 hours between shifts (not including voluntary overtime)?

I've an inkling about something, and i've searched but am stumped by a helluva lot of legal jargon.

Potential-Monke

Actually, i think i've found my answer. Was trying to figure out if one could refuse to work due to a breach of the EWTA or not. I believe one would still have to work, but then lodge a complaint of breach of the EWTA to their management and appropriate union/legal representation.

monkeypants

Don't they normally average this time out over a several week period?

golden lane

i think....not the daily amount.....

a clear 24 hours a week...can be spread over two weeks........i.e.

none one week...48 hours the next week

and the 48 hours can be spread over 16 weeks.....

Farcear

Assuming I understand the query as follows:

Q: What can an employee do if he is required to work a 20 hour day?

A: The relevant law in Ireland is the Organisation of Working Time Act 1997 (as amended). It implements the the EU Working Time Directive. Under section 11: "An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer." So, the employee doesn't have to work those additional hours and is able to go home for the evening. Furthermore, under section 26, the employer cannot do anything in retaliation for an employee exercising his rights - in this case by going home: "An employer shall not penalise an employee for having in good faith opposed by lawful means an act which is unlawful under this Act."

If this wasn't the case, an employer could literally force you to work 24 hours a day!

---

monkeypants: Only the maximum allowable number of hours worked per week (48) is averaged, I think over a four month period. It is a common sense rule that takes into account that fact you can have exceptionally busy periods (e.g. Christmas) but then allow employees time off in compensation later on.

Potential-Monke

I was asking because i worked 10 hours last night, 8 hours today and starting another 10 again tonight... Extremely rare occurrence, but something which should have been avoided if the EWTA was abided by. Typically, no supervision was left and I wasn't sure if i had a legal right to not come in today.

The 24 hours off thing is the day off you're entitled to every week, which can be averaged out. I'm querying the 11 hours rest within a 24 hour period, which i didn't get, and which i believe they cannot mess with.

Anyway, on with a complaint! Can't even remember driving to work tonight...