Working at nightĪ night worker is someone who normally works at least three hours at night. We advise that you put in place contracts of employment that either restrict the employee from engaging in a second job or oblige him or her to ask for permission from the employer to that extra work. However, if a worker does not tell an employer about other employment and the employer has no reason to suspect that the worker has another job, it is extremely unlikely that the employer would be found not to have complied. More generally, employers may wish to make an enquiry of their workforce about any additional employment. If the opt-out is not agreed, both employers are in breach of the law. If a worker is known to have a second job, an employer should agree an opt-out with the worker if the total time worked is in excess of 48 hours a week. What should an employer do about a worker with a second job? You should not include paid annual leave, maternity leave, or sick pay in the calculations. This period is 17 weeks or however long a worker has been working for you if this is less than 17 weeks.
The number of hours worked each week should be averaged out over the reference period. How is the average weekly working time calculated? It may still be cancelled by the employee at any time, but at least it is in place when the new employee starts work. It is wise to place the opt-out clause in the contract of employment. The agreement must state how much notice is needed to cancel the agreement, which can be up to three months but a minimum of seven days. He or she does this by signing an opt-out agreement, which can be cancelled at any time. Opt-OutsĪ worker may agree to work more than 48 hours a week. Working time does not include traveling between home and work, lunch breaks, evening classes or day-release courses. Work includes traveling as part of the job, working lunches and job-related training. The most fundamental rule is that the maximum time a worker can work per week is 48 hours.
#WORKTIME REGULATIONS FREE#
If you are self-employed, running your own business and are free to work for different clients and customers, they do not apply to you.Ī worker is someone who has a contract of employment, is paid a regular salary or wage and works for an organisation, business or individual. Michael at 535-6301/6302.įor more information on the amendments to the SHAW Act and the Regulations, persons may contact the Occupational Safety and Health Section, Labour Department at 535-1523/1524 or at SHAW ACT, which was proclaimed in 2013, aims to secure the provisions of safety, health and welfare for persons in the workplace as well as those external to the workplace who may be impacted by the activities that occur there.The original 1998 Working Time Regulations have been updated numerous times.Īll the regulations are in place to protect workers from being over-worked. Persons seeking to obtain copies of these documents should contact the Government Printing Department, Bay Street, St. The amendments also include the list of documents to be kept in the general register. One amendment of note is the inclusion of the employer in the list of persons who can be penalised for contravening the Act.Īlso, the requirement for the Fire Certificate from the Chief Fire Officer to be conspicuously displayed in the workplace has been added.
Meanwhile, the amendments to the SHAW Act were published in the Official Gazette VOL.
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