Revocation Of Working Time

17-02-2006

The current state of the 2003 Working Time Directive provides an exemption from the working time, night working and rest break provisions for workers whose working time, as a result of the nature of the work performed, is not measured or predefined, and cannot be determined by the worker.

Examples of such workers, as listed in the regulations, are:

• managing executives or others with autonomous decision-taking powers,
• family workers,
• workers officiating at religious ceremonies in churches and religious communities.

This exemption applies to workers who exercise complete control over their working hours, without monitoring or control by the employer. An indicator would be whether the individual can decide whether to work or not on a particular day or night, or take rest breaks, without consulting the employer.

In December 1999, a new measure came into force allowing those whose working time was only partly measured to be subjected to the Working Time Directive legislation only on the hours that are measured or predetermined.

This exemption applies, for example, where a worker:

• has descretion and choice overhow much work is done, can prioritise tasks and could choose to limit the working week;
• works long hours only because of a belief that the employer considers it unacceptable to work shorter hours;
• can decide how and when to work, choose what to do, establish priorities and determine the time and effort devoted to tasks;
• chooses, for reasons of personal interest or self-motivation, to go beyond the work that is expected, e.g. by spending additional hours studying, thinking and reading about the job in addition to any formal employer-required training;
• chooses to work beyond the hours necessary to meet targets for reasons of personal motivation, e.g. additional commission.

Infraction proceedings in November 2004 brought against the UK argued that the additional exemption "goes beyond the permitted boundaries," and has consequently caused the revocation of the 1999 exemption.

Therefore, from 6 April 2006, only the original exemption applies. Only workers whose working time as a whole is not measured or predetermined or can be determined by the worker are exempt from the working time, night working and rest break provisions of the Working Time Regulations 1998.

If you require your employees to register their working time, you may wish to consider implementing a time and attendance system that will automatically collect your employees' clocking times, and produce accurate reports and calculations of their pay.

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