Updating author: Marc Meryon

On this page:
Summary
Future developments
Practical example (calculating average hours)
Practical example (calculating an adult night worker's average hours)
Action point checklist
Key references
Questions and answers
The legal background
Meaning of "worker"
Meaning of "working time"
Adult workers
Voluntary opt-outs
Calculating average weekly hours
Young workers
Night work
Health assessments for night workers
Meaning of "workforce agreement"
Enforcement
New and expectant mothers
Records
Road transport sector

Summary

3.518

• Adult workers have the legal right to refuse to work more than an average of 48 hours a week, calculated over a reference period of 17 consecutive weeks; however, there are a number of exceptions to this rule. (See 3.521 Meaning of "worker" and 3.523 Adult workers)
• Adult night workers may refuse to work at night for more than an average of eight hours in any 24-hour period, calculated over a reference period of 17 consecutive weeks. They may not be required to work more than an average of 48 hours a week over that same reference period. (See 3.528 Night work)
• The 17-week reference period used to calculate a worker's average weekly hours (whether at night or otherwise) may be increased to 26 weeks or up to 52 weeks in prescribed circumstances. (See 3.523 Adult workers)
• An adult worker may opt out of the maximum 48-hour week as long as he or she does so voluntarily and in writing. This is an individual decision that cannot be overridden by any contrary term in the worker's contract or in a collective or workforce agreement. (See 3.524 Voluntary opt-outs)
• Young workers under the age of 18 may not be employed for more than 40 hours a week or for more than eight hours on any day. (See 3.527 Young workers)
• Subject to certain exceptions, young workers under the age of 18 may not be employed at night between 10 pm and 6 am (or 11 pm and 7 am where their contract requires them to work after 10 pm). (See 3.528 Night work)
• Adult workers assigned or transferred to night work are entitled to free health assessments, and night workers under the age of 18 are entitled to free "health and capacities" assessments. (See 3.530 Health assessments for night workers)
• On a doctor's advice, a worker experiencing health problems associated with night work must, if possible, be transferred to suitable day work. (See 3.530 Health assessments for night workers)
• For these purposes, a "worker" is either a person who is employed under a contract of employment or a person (such as a casual, seasonal or temporary worker, or an agency "temp") who undertakes to do or perform work personally for an employer. The term does not apply to a person who is genuinely self-employed (See 3.521 Meaning of "worker"). 
• Under the Road Transport (Working Time) Regulations 2005 (SI 2005/639) drivers and other mobile workers in the road transport sector who are subject to Regulation 561/2006/EC may not work more than an average 48-hour week, nor more than 60 hours in one week. (See 5.535 Road transport sector)

Back to top

Future developments

3.519 Working Time Directive (93/104/EC): In April 2009, the members states, the European Parliament, and the European Commission failed to reach agreement on proposals to remove the working time opt-out; divide on-call time into active and inactive time; and revise the method of calculating the working time of employees covered by more than one contract of employment. The proposed removal of the opt-out was the main source of disagreement, with some member states, including the UK, insisting that the opt-out is essential.