Working time directive and minimum pay questions

[cassa333]

I have been to a couple of sites for this and am a little confused as it often say things are 'recomended' rather than must be!

1. Is the european working time directive the same as the british one?
2 If in the contract you sign there is an opt out clause are you as an employer or employee still bound by it?
3. If a shift is from 6pm to 10am and from 11pm to 8am is the sleeping part of the shift do you still have to be paid at the minimum hourly rate?

Thank you

[buildersmate]

1) The way Europe controls us (and the rest of the countries in the EU) is to issue Directives. Contrary to popular belief, these are not laws, but directives that the individual member countries have to turn into laws within a given timescale. It the UK, the appropriate legislation is the Working Time Regulations 1998 (it has been amended twice since then, once in 2007 to do with annual leave rules and again earlier this year to deal with rules for junior doctors).
2) If the employer and the employee sign an opt-out clause, the employer does not need to abide by the WT Regulations. But only regarding THAT part of overall employment law.
3) I simply don't understand your question. Your example seems to quote 2 shifts, with a gap in between. Is the employee 'on call' during this gap period, then? The WTR limit the maximum number of hours per week to 48, but they can be averaged over a 17 week period. There are also different rules in certain types of industry. The WTR are nothing to do with minimum pay rates. Can you be more specific about what you mean, please.

[cassa333]

Thank you BM.

In my head it makes perfect sence LOL

The shift is from 6pm to 8am (sorry got the original times wrong) on site with part awake and part asleep (11pm to 6am sleeping). It is in effect a 14 hr shift with 7 hrs asleep. The confusion is whether the worker has to be paid minimum wgae for the sleeping hours.

Very occationaly they may be asked if they want overtime and work the 8am to 6pm shift. This doesn't happen often and is entirely optional.

[buildersmate]

I think (but not 100% sure) that the whole period from 6pm until 8am 'counts' as a shift for the purposes of the WTR - because the employee is 'on call'. This was the issue with junior doctors that the Government had to make particular provisions for.
Then again the employee can still opt out by signing an opt-out clause.