tag:blogger.com,1999:blog-8704899696538705849.post8967743730722889255..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Workers Rights: the Brexit Bonfire Begins?Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8704899696538705849.post-74195267081851056922018-01-26T05:00:25.962-08:002018-01-26T05:00:25.962-08:00I didn't say that. I said that the Directive a...I didn't say that. I said that the Directive applies to *fixed-term* contracts *as well as* indefinite contracts. As far as I know the ECJ has not ruled on whether the Directive applies to fixed hour contracts, although I suspect that it would say it does. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-71667329066814197952017-12-18T01:46:20.892-08:002017-12-18T01:46:20.892-08:00Paid holidays? As you say the Working Time Directi...Paid holidays? As you say the Working Time Directive only applies to fixed hour contracts. Last year my son recently finished a 13 month period of employment. It was hourly paid. He worked long hours throughout including some 14 hr days. He paid tax, national insurance and student loan repayments. To all intents and purposes it was regular job until it came to holidays where his employer claimed he was on a zero hours contract and could take what holidays he liked but that holidays weren't paid. So much for workers rights. However, when my son left his employer did give him an unexpected bonus that was about the equivalent of his holiday entitlement to that part of his employment that was in the then current financial year. John Sandersonnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-21951161488001138482017-12-18T00:15:32.378-08:002017-12-18T00:15:32.378-08:00You appear to conflate the issue. EU Drivers' ...You appear to conflate the issue. EU Drivers' Hours Rules and the Working Time Directive for Mobile Workers are two completely distinct pieces of legislation, so any requirement under one set of rules is not transferable to the other. IE: You can opt to work up to 60 hours under WTD, but the driver hours regs also apply and have their own requirements. The same applies for rail drivers for example with the ROGS Regs. <br /><br />As a worker, I rely on the WTD to ensure that certain basic rights are protected. I care deeply about it and as a line manager find it far from "overwhelming bureaucratic". I have staff who have opted out and work up to 60 hours a week. I make them sign the opt out annually and add a note to review their performance, welfare and sickness on a 3 month rather than 6 month (as required by my company policy) to ensure I'm looking after my staff. Not everyone does that and I have experienced being pressured to work more hours - without pay I add - and refusing citing the terms of the WTD Regs. <br /><br />As to the prosecutions, there have been quite a few prosecutions under the Health and Safety at WOrk etc Act which heavily rely on the WTD, as the Act carries more weight in prosecution and WTD breaches are normally accompanied by other H&S issues. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-47022855714814594562017-12-17T23:47:57.349-08:002017-12-17T23:47:57.349-08:00If no one cares why do people litigate? In additio...If no one cares why do people litigate? In addition to the ECJ cases linked in the post there are national court rulings in the UK. And workers in every sector *can* opt to work overtime under the UK transposition of the law - the overlap with another law for one group of people is a separate question. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-55355918148729953052017-12-17T16:24:41.419-08:002017-12-17T16:24:41.419-08:00It's a complete non story, there isn't one...It's a complete non story, there isn't one "worker" who gives a jot about the WTD. It's universally seen as an overwhelming bureaucratic anomaly. Also your post is factually incorrect in that not all sectors can exercise the opt out. The transport sector cannot opt out despite the fact that they are subject to EU drivers hours rules which in effect renders the WDT superfluous in most regards. As far as I am aware there have been no prosecutions for breaches of the WDT to date in the UK.... trying to turn this into another sentient animal issue isn't going to work but nice tryLorry driverhttps://www.blogger.com/profile/15352692822812395596noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-55181387174528333732017-12-17T15:33:52.780-08:002017-12-17T15:33:52.780-08:00Scum "readers" thought they were giving ...Scum "readers" thought they were giving 2 fingers to the elite lol, the taxdodgers who own the hate-rags. Now the elite will rip them and their rights to shreds. Have to see the funny side of the mess. Careful what you wish for.Anonymoushttps://www.blogger.com/profile/10853791665078927803noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-38252294452722549122017-12-17T08:29:07.097-08:002017-12-17T08:29:07.097-08:00it has taken years & tears to get workers thei...it has taken years & tears to get workers their rights safety at work etc etc , and many other protections & the Torys want to destroy all we worked & fought for . I say No Way Mrs May !! Anonymoushttps://www.blogger.com/profile/15730492470309808281noreply@blogger.com