The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. All content is available under the Open Government Licence v3.0, except where otherwise stated, Contracts of employment and working hours, The National Minimum Wage and Living Wage, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, a worker in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using, other staff who travel in and operate vehicles covered by, a security guard on a vehicle carrying high-value goods. No - this is a matter that can only be agreed between the individual worker and employer. Q.5 Can a collective agreement be reached on opting out of the 48 hour limit? You can change your cookie settings at any time. The second “day” begins with the first moment of work that is performed after the first “day” ends. Here it says we should be entitled to 11 hours between shifts and I mentioned to the assistant manager but apparently "making the rota is hard". Rest between shifts is not required if: the total time worked during both shifts does not exceed 13 hours; or; the employer and employee agree electronically or in writing to reduce or forego the eight-hour rest period. You must give your employer at least 7 days’ notice. For example, a break of 6 hours between shifts can be compensated with a subsequent break of 16 hours between shifts. The Working Time Regulations 1998 also give workers the right to a minimum daily rest period between each working day or shift, and to a minimum weekly rest period. Not 100%, but i dont beleive you can opt out of the 11 hour rule, the opt out is for the 48 hours per week. Drivers’ hours weekly rest of 45 hours, which can be reduced to 24 hours, provided at least one full rest is taken in any fortnight. If the employee instead had Sundays and Wednesdays off, the employee would have two work cycles each week, one beginning on Monday and another beginning on Thursday.). There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.”. When I rang Direct.gov helpline for clarification on this issue they said the 11 hours break is not averaged out and must not be less than regardless of other days/weeks shift pattern. As well, "days" do not have to be consecutive. 3. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift. However, a worker may agree to opt out of this weekly working time limit and work more than an average of 48 hours a week as long as he or she does so voluntarily and in writing. That is, the beginning of a day cannot be any earlier than the end of the previous day. Example of opt-out agreement: I [worker’s name] agree that I may work for more than an average of 48 hours a week. Not treating the minimum shift turn around time between shifts (11 hours in Ireland) as the standard but rather as an absolute minimum. You can’t opt-out of the 48 hour week if you’re: You can cancel your opt-out agreement whenever you want - even if it’s part of your employment contract. You are legally entitled to a minimum of eight hours rest between finishing a shift and beginning the next. Workers have the right to either: Source(s): I used to finish a shift on Monday at 10pm and start the next one at 6:00am on Tuesday. As demonstrated by the examples above, "days" cannot overlap with other "days." Responding to a flexible working request. You can opt out for a certain period or indefinitely. Any rest period over 9 hours but under 11 hours will be classed as a reduced daily rest period. The following examples address, respectively, shifts that begin: Example 1: Kelly’s second shift begins on Tuesday at 6 am and ends at 6 pm. You can agree this notice period with your employer when you sign the opt-out. We’ll send you a link to a feedback form. It is important to note that the 11 hours consecutive rest can be varied, as long as compensatory rest is given. You can choose to work more than 48 hours a week on average if you’re over 18. Controversially, the UK has an opt-out … Dated……………………………………. Young workers and child workers. Special cases There are some special cases. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.” Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. Making a flexible working request. You simply need to enter the two times in any order and click on "Calculate". by Whitney Filloon @whitneyfilloon Feb 21, 2015, 3:08pm EST Français, Ministry of Labour, Training and Skills Development, Home About the Ministry Newsroom Videos and Photos Contact Us, An employee must have at least 11 consecutive hours free from performing work in each "day." You may have to give more notice (up to 3 months) if you have a written opt-out agreement. The minimum requirement of rest between shifts is eight hours. Employment Law - Only getting 7 hours rest in between shifts is this legal? Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so. The number of hours you can work and the types of jobs you can do, will depend on your age. I currently work at an university as catering staff. The third and each subsequent “day” begins and ends in the same manner as described above. ... insufficient gap between the end and start of shifts. For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. If he has signed the european law form then he has chosen to opt out of the law, and this should of been very carefully expained to him. of 48 hours a week (no opt out) 1 Maximum working time of 60 hours in one week (provided average not exceeded) ... Where a driver has a full daily rest of 11 hours, the maximum working day is 13 hours. What this means is that, where the full 11-hour break was not provided when it should have been, the element that was foregone should be given at the next available opportunity. Breaks between working days. For more information, see exceptional circumstances. 416-326-7160 (Greater Toronto Area)  There's nothing mentioned in my contract to say otherwise, am I still entitled to 11 hours break? If she has opted out of the WTD, then she can opt back in again, by writing to her employer and telling them, although it won't come into effect until four weeks after they receive the letter. 1. If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. Many feel the only way to be exposed to sufficient training opportunities is to opt out and work more than 48 hours on average. It’s often easier to work this out by the number of shifts you get off, averaged over a 17 week period – e.g. In such cases, the limits on hours of work may be exceeded or the rest period reduced, but only to the extent that it is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations. (And its … Don’t include personal or financial information like your National Insurance number or credit card details. The latter can also result from voluntary shift swaps to suit an individuals commitments outside of work My company has introduced a policy whereby one can no longer work shifts which infringe on the 11 hour minimum rest period. The Employment Standards Program uses the following interpretation of "day" for purposes of the 11 hour rule: Example: Kelly had Sunday off, and so she begins a new work cycle on Monday. You can cancel an opt-out even if it's part of a contract you've signed. Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day. You’ve accepted all cookies. We believe that no shift should be longer than 12 hours, and that a 12 hour shift may not be appropriate for all nurses. For example, if the employee works five days a week, with Sundays and Saturdays off, the employee would have one work cycle each week, which would begin on Monday. The Working Time Regulations 1998 (SI 1998/1833) specify minimum rest break and daily and weekly rest period entitlements for adult workers aged 18 and over, and for young workers under the age of 18 but above compulsory school age. Can a shorter period be agreed? From many websites I've read, they indicate 11 hours rest break between shifts (including direct.gov and my employers working time regulations page). We use this information to make the website work as well as possible and improve government services. Your employer can’t force you to cancel your opt-out agreement. We use cookies to collect information about how you use GOV.UK. 4. It will take only 2 minutes to fill in. Don’t worry we won’t send you spam or share your email address with anyone. Example. (This requirement does not apply where an employee is on call and is called in to work during a period he or she would not otherwise have been expected to work.). 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