FOAK: European Working Time Directive.

Anyone know a bit about it, in particular what the legalities are of
people working more than a 48 hour week (at their own discretion, and
earning paid overtime) without having previously opted out of it.

I've googled, but couldn't find anything suitable.

I assume that if working voluntarily an opt-out probably isn't a legal
requirement, but I'd like to know for sure as it could lead to some
entertaining discussions.

 

You're actually rather lucky you get paid for it.

For a lot of people it's sign out and work for nothing.

 

http://www.dti.gov.uk/er/work_time_regs/

Any good?

I do remember being asked at tw2.com if we wanted to opt-out but
something about because the hours worked were the average over a month
or summat it would actually mean doing silly hours regularly for you
to actually get over the threshold. So nobody bothered.

 

If you're in, you have the right to refuse to do more.

If you're out, it's any number of hours, but you get to choose (within
reason) when you work them.

That simple, really.

 

Here we go:

http://www.dti.gov.uk/er/work_time_regs/wtr2.htm#section2

Calculated over a 17 week period your average must be over 48 hours a
week. That would be quite hard to do I reckon.

 

Cool. Nobody is being *made* to work any hours, just being politely
asked. I simply wanted to make a bean counter type feel uncomfortable
and to worry unduly, if it was at all possible.

Looks like it isn't. Shame.

 

IIRC, whether by choice or otherwise you need to opt out to cover your
employer should you later decide to take them to court etc.

Oddly, it's your total work, not just the work for an individual
employer, so if you do 37 hours during the week "at work", 2 hours a
night Monday through Friday working in a bar plus 2 hours on a Sunday
morning doing a paper round, you need to sign an opt out and give a copy
to all three employers.

Now, I seem to recall that the European law was changing such that one
would no longer be allowed to opt out, and a eurojudge would pop round
and kneecap you if they caught you doing that Sunday paper round

 

Yeah, over 17 weeks it'd be borderline in most cases.

There goes my faux-uprising.

 

The UK hasn't signed up to that bit AFAIK.

 

I think you missed out either the word "stupid" or the phrase
"non-unionised, stupid" between 'of' and 'people'. The whole point of the
EWTD is to provide a legal framework to prevent that sort of thing
happening.

If anyone is dumb enough to allow their employer to exploit them in such a
way without either sticking up for themselves, getting a union to stick up
for them or reporting the employer for breaching the law, they deserve the
crappy life they lead

Of course if the employee does this voluntarily (and I have worked with a
few who have done this kind of thing through their 'love' for the job) then
its still stupid but their own choice so who am I to force them to work less
hours.

Dave