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Pattern of work
8.
Where the pattern according to which an employer organises work is such as to put the health and safety of a worker employed by him at risk, in particular because the work is monotonous or the work-rate is predetermined, the employer shall ensure that the worker is given adequate rest breaks.
Records
9.
An employer shall-
(a) keep records which are adequate to show whether the limits specified in regulations 4(1) and 6(1) and (7) and the requirements in regulation 7(1) and (2) are being complied with in the case of each worker employed by him in relation to whom they apply; and
(b) retain such records for two years from the date on which they were made.
Daily rest period
10.
- (1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
(2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve consecutive hours in each 24-hour period during which he works for his employer.
(3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration.
Weekly rest period
11.
- (1) Subject to paragraph (2), an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which he works for his employer.
(2) If his employer so determines, an adult worker shall be entitled to either-
(a) two uninterrupted rest periods each of not less than 24 hours in each 14-day period during which he works for his employer; or
(b) one uninterrupted rest period of not less than 48 hours in each such 14-day period,
in place of the entitlement provided for in paragraph (1).
(3) Subject to paragraph (8), a young worker is entitled to a rest period of not less than 48 hours in each seven-day period during which he works for his employer.
(4) For the purpose of paragraphs (1) to (3), a seven-day period or (as the case may be) 14-day period shall be taken to begin-
(a) at such times on such days as may be provided for for the purposes of this regulation in a relevant agreement; or
(b) where there are no provisions of a relevant agreement which apply, at the start of each week or (as the case may be) every other week.
(5) In a case where, in accordance with paragraph (4), 14-day periods are to be taken to begin at the start of every other week, the first such period applicable in the case of a particular worker shall be taken to begin-
(a) if the worker's employment began on or before the date on which these Regulations come into operation, on 23rd November 1998; or
(b) if the worker's employment begins after the date on which these Regulations come into operation, at the start of the week in which that employment begins.
(6) For the purposes of paragraphs (4) and (5), a week starts at midnight between Sunday and Monday.
(7) The minimum rest period to which an adult worker is entitled under paragraph (1) or (2) shall not include any part of a rest period to which the worker is entitled under regulation 10(1), except where this is justified by objective or technical reasons or reasons concerning the organisation of work.
(8) The minimum rest period to which a young worker is entitled under paragraph (3)-
(a) may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration; and
(b) may be reduced where this is justified by technical or organisation reasons, but not to less than 36 consecutive hours.
Rest breaks
12.
- (1) Where an adult worker's daily working time is more than six hours, he is entitled to a rest break.
(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.
(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.
(4) Where a young worker's daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.
(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.
Entitlement to annual leave
13.
- (1) Subject to paragraphs (5) and (7), a worker is entitled in each leave year to a period of leave determined in accordance with paragraph (2).
(2) The period of leave to which a worker is entitled under paragraph (1) is-
(a) in any leave year beginning on or before 23rd November 1998, three weeks;
(b) in any leave year beginning after 23rd November 1998 but before 23rd November 1999, three weeks and a proportion of a fourth week equivalent to the proportion of the year beginning on 23rd November 1998 which has elapsed at the start of that leave year; and
(c) in any leave year beginning on or after 23rd November 1999, four weeks.
(3) A worker's leave year, for the purposes of this regulation, begins-
(a) on such date during the calendar year as may be provided for in a relevant agreement; or
(b) where there are no provisions of a relevant agreement which apply-
(i) if the worker's employment began on or before 23rd November 1998, on that date and each subsequent anniversary of that date; or
(ii) if the worker's employment begins after 23rd November 1998, on the date on which that employment begins and each subsequent anniversary of that date.
(4) Paragraph (3) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.
(5) Where the date on which a worker's employment begins is later than the date on which (by virtue of a relevant agreement) his first leave year begins, the leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.
(6) Where by virtue of paragraph (2)(b) or (5) the period of leave to which a worker is entitled is or includes a proportion of a week, the proportion shall be determined in days and any fraction of a day shall be treated as a whole day.
(7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.
(8) For the purposes of paragraph (7), a worker has been continuously employed for thirteen weeks if his relations with his employer have been governed by a contract during the whole or part of each of those weeks.
(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but-
(a) it may only be taken in the leave year in respect of which it is due, and
(b) it may not be replaced by a payment in lieu except where the worker's employment is terminated.
Compensation related to entitlement to leave
14.
- (1) This regulation applies where-
(a) a worker's employment is terminated during the course of his leave year, and
(b) on the date on which the termination takes effect ("the termination date"), the proportion he has taken of the leave to which he is entitled in the leave year under regulation 13(1) differs from the proportion of the leave year which has expired.
(2) Where the proportion of leave taken by the worker is less than the proportion of the leave year which has expired, his employer shall make him a payment in lieu of leave in accordance with paragraph (3).
(3) The payment due under paragraph (2) shall be-
(a) such sum as may be provided for the purposes of this regulation in a relevant agreement, or
(b) where there are no provisions of a relevant agreement which apply, a sum equal to the amount that would be due to the worker under regulation 16 in respect of a period of leave determined according to the formula-
where-
A is the period of leave to which the worker is entitled under regulation 13(1);
B is the proportion of the worker's leave year which expired beforethe termination date, and
C is the period of leave taken by the worker between the start of the leave year and the termination date.
(4) A relevant agreement may provide that, where the proportion of leave taken by the worker exceeds the proportion of the leave year which has expired, he shall compensate his employer, whether by a payment, by undertaking additional work or otherwise.
Dates on which leave is taken
15.
- (1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).
(2) A worker's employer may require the worker-
(a) to take leave to which the worker is entitled under regulation 13(1); or
(b) not to take such leave,
on particular days, by giving notice to the worker in accordance with paragraph (3).
(3) A notice under paragraph (1) or (2)-
(a) may relate to all or part of the leave to which a worker is entitled in a leave year;
(b) shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and
(c) shall be given to the employer or, as the case may be, the worker before the relevant date.
(4) The relevant date, for the purposes of paragraph (3), is the date-
(a) in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and
(b) in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.
(6) This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.
Payment in respect of periods of leave
16.
- (1) A worker is entitled to be paid in respect of any period of annual leave to which he is entitled under regulation 13, at the rate of a week's pay in respect of each week of leave.
(2) Articles 17 to 20 of the 1996 Order shall apply for the purpose of determining the amount of a week's pay for the purposes of this regulation, subject to the modifications set out in paragraph (3).
(3) The provisions referred to in paragraph (2) shall apply-
(a) as if references to the employee were references to the worker;
(b) as if references to the employee's contract of employment were references to the worker's contract;
(c) as if the calculation date were the first day of the period of leave in question; and
(d) as if the references to Articles 23 and 24 did not apply.
(4) A right to payment under paragraph (1) does not affect any right of a worker to remuneration under his contract ("contractual remuneration").
(5) Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
Entitlements under other provisions
17.
Where during any period a worker is entitled to a rest period, rest break or annual leave both under a provision of these Regulations and under a separate provision (including a provision of his contract), he may not exercise the two rights separately, but may, in taking a rest period, break or leave during that period, take advantage of whichever right is, in any particular respect, the more favourable.
Part III
Exceptions
Excluded sectors
18.
Regulations 4(1) and (2), 6(1), (2) and (7), 7(1) and (6), 8, 10(1), 11(1) and (2), 12(1), 13 and 16 do not apply-
(a) to the following sectors of activity-
(i) air, rail, road, sea, inland waterway and lake transport;
(ii) sea fishing;
(iii) other work at sea; or
(b) to the activities of doctors in training, or
(c) where characteristics peculiar to certain specific services such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of these Regulations.
Domestic service
19.
Regulations 4(1) and (2), 6(1), (2) and (7), 7(1), (2) and (6) and 8 do not apply in relation to a worker employed as a domestic servant in a private household.
Unmeasured working time
20.
Regulations 4(1) and (2), 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply in relation to a worker where, on account of the specific characteristics of the activity in which he is engaged, the duration of his working time is not measured or predetermined or can be determined by the worker himself, as may be the case for-
(a) managing executives or other persons with autonomous decision-taking powers;
(b) family workers; or
(c) workers officiating at religious ceremonies in churches and religious communities.
Other special cases
21.
Subject to regulation 24, regulations 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply in relation to a worker-
(a) where the worker's activities are such that his place of work and place of residence are distant from one another or his different places of work are distant from one another;
(b) where the worker is engaged in security and surveillance activities requiring a permanent presence in order to protect property and persons, as may be the case for security guards and caretakers or security firms;
(c) where the worker's activities involve the need for continuity of service or production, as may be the case in relation to-
(i) services relating to the reception, treatment or care provided by hospitals or similar establishments, residential institutions and prisons;
(ii) work at docks or airports;
(iii) press, radio, television, cinematographic production, postal and telecommunications services and civil protection services;
(iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration;
(v) industries in which work cannot be interrupted on technical grounds;
(vi) research and development activities;
(vii) agriculture;
(d) where there is a foreseeable surge of activity, as may be the case in relation to-
(i) agriculture;
(ii) tourism; and
(iii) postal services;
(e) where the worker's activities are affected by-
(i) an occurrence due to unusual and unforeseeable circumstances, beyond the control of the worker's employer;
(ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or
(iii) an accident or the imminent risk of an accident.
Shift workers
22.
- (1) Subject to regulation 24-
(a) regulation 10(1) does not apply in relation to a shift worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one;
(b) paragraphs (1) and (2) of regulation 11 do not apply in relation to a shift worker when he changes shift and cannot take a weekly rest period between the end of one shift and the start of the next one; and
(c) neither regulation 10(1) nor paragraphs (1) and (2) of regulation 11 apply to workers engaged in activities involving periods of work split up over the day, as may be the case for cleaning staff.
(2) For the purposes of this regulation-
"shift worker" means any worker whose work schedule is part of shift work; and
"shift work" means any method of organising work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.
Collective and workforce agreements
23.
A collective agreement or a workforce agreement may-
(a) modify or exclude the application of regulations 6(1) to (3) and (7), 10(1), 11(1) and (2) and 12(1), and
(b) for objective or technical reasons or reasons concerning the organisation of work, modify the application of regulation 4(3) and (4) by the substitution, for each reference to 17 weeks, of a different period, being a period not exceeding 52 weeks,
in relation to particular workers or groups of workers.
Compensatory rest
24.
Where the application of any provision of these Regulations is excluded by regulation 21 or 22, or is modified or excluded by means of a collective agreement or a workforce agreement under regulation 23(a), and a worker is accordingly required by his employer to work during a period which would otherwise be a rest period or rest break-
(a) his employer shall wherever possible allow him to take an equivalent period of compensatory rest, and
(b) in exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, his employer shall afford him such protection as may be appropriate in order to safeguard the worker's health and safety.
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