working hours (legalities)

[moggy]

i know the most hours anyone can legally be made to work is 48 hours a week but my company want to introduce a rota so we're on call on top of our weekly hours.
we do 40 hrs a week.

i just need to know if they can enforce that legally or have i got rights in saying i'm not prepared to work on call in the evenings & weekends etc

 

[Gully]

I can't honestly say that I know any of the answers to this, but I would ask you a few questions:

1. What does it say in your contract.
2. Do the company intend to pay you a stand-by fee for the time you are on call.
3. Has the company indicated that you will have to sign a new contract of employment to reflect the change in working patterns.
4. What will happen if you refuse to sign a new contract.
5. Do you belong to a trades union or professional body.

I am sure there will be someone on here who has a fair grasp of employment legislation, hopefully they will feel willing to chip in.

 

[happypig]

AIUI, the European working time directive states that you cannot be forced to work more than an average of 48 hours a week, averaged over a 17 week period, so if you work 72 hours one week and none the next, you will average 36 hours. Any call-out or overtime comes within the 48 hour maximum but there is (or used to be) the provision to "opt out" of the regulations for overtime/call out.

 

[Tory Boy]

i just need to know if they can enforce that legally or have i got rights in saying i'm not prepared to work on call in the evenings & weekends etc

Join a union urgently.

TB

 

[moggy]

none of us at present have contracts of employment and haven't done for a year as the company reformed after going into administration a year ago.
mind you, i didn't have one before. there is one being drafted up at present but not ready yet.

i obviously don't wanna sign this forthcoming contract which is bound to include out of hours work

 

[ali jenkins]

If you have no contract then they can just tell you to go so it kinda leaves you up the creak without a paddle if you dont like it!

 

[8ace]

There is something in my contract about opting out of it.
It goes with the territory for my job so signed it without a problem.
Guess it comes down to how much you need this particular job.

 

[drew]

none of us at present have contracts of employment and haven't done for a year as the company reformed after going into administration a year ago.
mind you, i didn't have one before. there is one being drafted up at present but not ready yet.

i obviously don't wanna sign this forthcoming contract which is bound to include out of hours work

I don't claim to be an expert but if you do not have any signed contract and that has been the state of play for sometime then, provided you haven't made objections in writing to anything with regard to the existing hours/conditions of work then I believe (but stand to be corrected) that any tribunal would see that as implied acceptance. As Happypig stated, the directive is based on an average and whilst companies used to get you to sign away your rights under the directive (goes back at least 10 years), I believe they can't do that anymore as this is one of the things that has played havoc with Junior Doctor hours in hospitals.

Would always recommend you join a union but if you need more urgent advice get down to your local Citizen Advice Bureau as they are normally diamond.

 

[Barrel of Fun]

I can get you some expert advice in a couple of days, if you wish.

Meanwhile, you would be well advised to check out the Working Time Directive.

From a complete amateur point of view (Only studied Land Law, Landlord and Tenant Law), you could be expected to meet the 48 hour limit, however, that would surely mean signing a new contract.

 

[moggy]

yeah, if you could get some expert advice, i'd really appreciate it.
thanks BOF

 

[burrish-gull]

I work freelance in the television industry and the working time directive is constantly abused, it means bugger all. We work 12 hour shifts in transmission and until recently never had an alotted 1 hour lunch or regular break.

They get away with this because the UK allows certain industries to opt-out of the directive, I think this includes the NHS, the media and strangely oil workers. Its got something to do with providing a continual service to the public.

There is a guy I've just taken over from on the day shift that is on his sixth straight 12 hour shift out of ten, this kind of thing goes on all the time. Its his choice I suppose but the company he works for could'nt give a shit about the health implications etc.

 

[seagullsovergrimsby]

The working time directive also entitles you to have 2 days off a week. There also has to be an 11 hour gap in between shifts. If these were strictly enforced most companies and organisations would be in the shit as they turn a blind eye when it suits them.

 

[burrish-gull]

The working time directive also entitles you to have 2 days off a week. There also has to be an 11 hour gap in between shifts. If these were strictly enforced most companies and organisations would be in the shit as they turn a blind eye when it suits them.

I'm convinced the reason the UK's productivity is so low is because of this live to work mentality we have is this country. If we adopted the directive across all industries strictly we'd have a much happier work force and be better as a country for it.

The argument of freedom of choice is flawed as all that it means is you become a slave to the money and ulimately the company you work for. I've seen people on the verge of breakdown in the broadcast industry (even had a suicide once!!) and the illness rates are extremely high.

I work freelance now (earn less money admittedly) but choose when I work instead the other way around.

 

[clapham_gull]

I work freelance in the television industry and the working time directive is constantly abused, it means bugger all. We work 12 hour shifts in transmission and until recently never had an alotted 1 hour lunch or regular break.

They get away with this because the UK allows certain industries to opt-out of the directive, I think this includes the NHS, the media and strangely oil workers. Its got something to do with providing a continual service to the public.

There is a guy I've just taken over from on the day shift that is on his sixth straight 12 hour shift out of ten, this kind of thing goes on all the time. Its his choice I suppose but the company he works for could'nt give a shit about the health implications etc.

Whilst I'm sure many people think the TV industry is the crock of gold at the end of rainbow employment wise, unfortunately in many parts it has some quite dodgy employment practices.

Certain companies play on the fact that everyone wants to work in it, and know damn well that when individuals get pissed off with the pay and hours, another media graduate will be in the queue to get a job.

I fell into it by accident, and I happen to know the poster above did as well.

Problem is that it is full of people who really really wanted it, who are either very very frustrated at the reality or are getting what they want by being complete arseholes.

There are of course the very talented to deserve to be there by merit, by to be honest they are in the minority.

I guess you could say "if you don't like it go and get another job" and I've lost count of the times I've heard that. That's really easier said than done and applies just to the TV industry just as it does for those working in construction, catering, human resources etc.. Packing up and doing something that you are not used to or trained for isn't easy.

For the record, I'm not in one of those jobs but have seen enough around me other the years and still see it happening in other companies.

That's why I got so irate about people on here slagging off ITV about missing the goal on the live transmission. I've never read so much bollocks ever !

The reality was that a bit of complicated kit went wrong (in a completely different company) and someone would have gone home that night worrying that their low paid long hours job (with night shifts) would be under threat because of a media witch hunt.