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2 1998 Working Time Regulation Factory Acts Shop Acts Coal Mining Acts Trade Boards Act (5) S. Deakin G. S. Morris, Labour Law, 2 nd ed., (Butterworths, 1998), pp B. Hepple S. Fredman, Labour Law and Industrial Relations in Great Britain, 2 nd ed., (Kluwer Law and Taxation Publishers, 1992), pp B.Hepple C.Hakim, United Kingdom, European Communities, Legal and Contractual Limitations to Working Time in the European Union, 2 nd ed., (Peeters, 1997), pp

3 Wages Councils Act 3 Wages Council 4 Factories Acts Mines and Quarries Act Young Person (Employment) Act Wages Act Sex Discrimination Act Employment Act Trade Union Reform and Employment Rights Act Sunday Trading Act business European Union EU

4 Children and Young Person Acts 1933 and EC EC EC 118 a 9 10 EC EC European Council Single European Act a EC 7 EC , , ,948 1,683 1, EC 1 48 EU a European Parliament Economic and Social Committee EU

5 12 13 EC a European Court of Justice EC The Department of Trade and Industry Regulatory Guidance DTI 17 DTI working tine a at his employer s disposal brelevant training 12 Council Directive concerning certain aspects of the organization of working time(93104ec) 13 EC U.K. v. Council of the European Union C-84/94 [1997] I.R.L.R EU EU Council Directive on the protection of young people at work94 33EC 1 EU DTI G. Phillips K. Scott, Employment Law, (Jordans, 2003) p

6 crelevant agreement 18 additional period 2 1 DTI 19 business lunches 24 on-call time a employee worker 20 a contract of employmentb profession business clientcustomer workservice employer collective agreement workforce agreement DTI 2 WORKING TIME LIMITS

7 DTI 21 control 4 freelancer 22 young workers 23 adult workers mobile non-mobile DTI garage 21 DTI 1 WHO S WHO 22 National Traineeship New Deal DTI child EC 8 1 a adolescent b force majeure 3 27

8 own account transport services EC adequate rest domestic servant a reference period reasonable steps EC EC SI , regs 1(3), 3(1)(a),(c) SI , regs 1(3),3(1)(b)

9 DTI b DTI 2 Employers must check 30 21

10 31 DTI night work night time 7 midnight night worker DTI 34 3 as a normal course DTI 2 What if worker agrees to work longer hours? 32 DTI DTI 3 WORKING AT NIGHT who is a night worker?

11 special hazards heavy physical or mental strain Management of Health and Safety at Work Regulations risk assessment free health assessment 1 a b 10 6 restricted period i assessment of his health and capacitiesii 2 a b DTI 37 questionnaire medical examination health and safety arrangements 5 health surveillance6 health and safety assistance7 37 DTI 4 HEALTH ASSESSMENTS FOR NIGHT WORKERS

12 DTI DTI 39 DTI 9 Sample Health Questionnaire. 1.(Surname) 2.(First and second name/s) 3.(Sex) 4. (Date of birth) 5. (Permanent address) 6. (Job title) 7. (National insurance no.) 8. (Department/clock no.)....

13 2 7 6 time off daily rest be split up over the day 1 of short duration

14 weekly rest period b rest breaks 41 workstation leave year 4 entitlement to annual leave DTI 6 REST BREAKS AT WORK 43 13(1) 2 (2)(a) (b)

15 agriculture DTI (b) 4

16 A DTI DTI 7 More Detailed Information 51 8 bank holiday 1971 Banking and Financial Dealings Act

17 a bdti other special cases DTI 8 MORE ABOUT THE APPLICATION OF THE REGULATIONS 53 DTI DTI 8 special circumstances

18 a 2 b 3 c 4 d 5 e shift workers 22 1 (a) (b) domestic servant 19 55

19 24 period of compensatory rest DTI 57 2 a 1974 Health and Safety at work etc Act 1974 Health and Safety Executive local authority enforce 28 Health and Safety Commission Enforcement Policy Statement 56 DTI 8 57 DTI 8 More About Keeping Records

20 consumer services offences 29 improvement notice prohibition notice 59 detriment Employment Tribunals unfair dismissal b remedies Employment Tribunals Act 1996 Advisory, Conciliation and Arbitration Service conciliation EC EC EC 1985 EC1 58 DTI 8 More About Enforcement lay Employment Rights Act A A 63 Gillian Phillips and Karen Scott, op. cit., p.33.

21 EC 64 EC European Community 118 a Commission European Parliament Economic and Social Committee 118 Council /391/EECCouncil Directive89391EEC of 12 June 1989 on the introduction ofmeasures toencourage improvements in the safety and health of workers at work the Community Charter of the Fundamental Social Rights of Workers the International Labour Organisation

22 a period of compensatory rest b 65

23 relevant requirement EC 6 67 EC 181 b (i) EC

24 7 5 2 EC 181 b i a i EC 171 EC EC 68 EC (b) (i) (a) 7 (i) (ii) (a) (c) the Advisory Committee on Safety, Hygiene and Health Protection at Work

25 201 EC a managing executives b family workersc 70 EC 171 Member States a Unmeasured working time1 Peter Wallington, EMPLOYMENT LAW HANDBOOK, 12 th ed. (Butterworths, 2002), p (1)Regulations 4(1) and (2), 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply in relation to a worker where, on account of the specific characteristics of the activity in which he is engaged, the duration of his working time is not measured or predetermined or can be determined by the worker himself, as may be the case for (a)managing executives or other persons with autonomous decision-taking powers; (b)family workers; or (c)workers officiating at religious ceremonies in churches and religious communities. 71 EC

26 bc EC EC 171 EC 171 EC preparatory documents neutral EC 17 Derogations1 Peter Wallington, op. cit., p With due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Article 3, 4, 5, 6, 8 or 16 when, on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves, and particularly in the case of (a)managing executives or other persons with autonomous decision-taking powers; (b)family workers; or (c)workers officiating at religious ceremonies in churches and religious communities EC John McMullen Martin Brewer, Working Time -Law and Practice, (Sweet Maxwell, 2001) p. 180

27 common sense EC 74 DTI DTI DTI DTI DTI 1999 DTI DTI DTI test John McMullen Martin Brewer, op. cit., p DTI 8 76 John McMullen Martin Brewer, op. cit., p. 181.

28 77 senior manager DTI DTI DTI 813 Unmeasured working time Catherine Barnard, Simon Deakin and Richard Hobbs, Opting Out of the 48-Hour Week: Employer Necessity or Individual Choice? An Empirical Study of the Operation of Article 18(1)(b) of the Working Time Directive in the UK, Industrial Law Journal, Vol. 32, No. 4, December 2003, p Peter Wallington, op. cit., p Where part of the working time of a worker is measured or predetermined or cannot be determined by the worker himself but the specific characteristics of the activity are such that, without being required to do so by the employer, the worker may also do work the duration of which is not measured or predetermined or can be determined by the worker himself, regulations 4(1) and (2) and 6(1), (2) and (7) shall apply only to so much of his work as is measured or predetermined or cannot be determined by the worker himself. 81 EC 18

29 without being required to do so by the employer DTI DTI HC Official Report, First Standing Committee, November 2, 1999, cols 4, National Minimum Wage Act

30 those that have the capacity to choose how long they work DTI DTI A A A 2 B B B 3 C1 42 C C C C 4 D 1 42 D D D 5 40 E 1 12 E 85 DTI Partly unmeasured working time 86 DTI 8 Some Examples

31 6 F FF 7 G G 8 H H H

32 EC DTI EC 249 EU11 88 John McMullenMartin Brewer, op. cit., pp , NW Selwyn, Selwyn s LAW OF EMPLOYMENT, 12 th ed. (Butterworths, 2002) pp

33 the specific characteristics of the activity a b c DTI 1 90 ILO persons holding position of supervision or management 1 persons occupying position of management 30 8

34 TUC Trades Union Congress EU DTI About time: A new Agenda for Shaping Working Hours (London: TUC, 2002). 92 S. Hicks, Long Hours Working: A Summary of Analysis from the Labour Force Survey (London: DTI, 2002). 93 C. Barnard, et al., op. cit., p. 223.

35 detriment 31 unfair dismissal DTI CBI Confederation of British Industry EC C. S. R C. Barnard, et al., op. cit., Table1-5, pp CBI/Pertemps Employment Trends Survey. 96 C Barnard et al., op. cit., pp

36 Commission of the European Communities, op.cit., p Barnard et al., op.cit., p UK Government, op.cit., para Commission of the European Communities, Communication from the Commission to the Council, the European Parliament the European Economic and Social Committee and the Committee of the Regions, concerning the reexam of Directive 93/104/EC concerning certain aspects of the organization of working time, Document COM (2003) 843 final,30 December 2003, p UK Government, Communication from the Commission concerning the re-examination of Directive 93/104/EC concerning certain aspects of the organization of working time response of the United Kingdom, 27 February 2004, paras

37 1 1 a 65 c d EU

38 DTI

39 EC 171 EC

41 TEL TEL FAX ISBN C URL:

42 The Japan Institute for Labour Policy and Training

No.7, (2006) A Survey of Legislation Regarding Environmental Information in Europe and Japan IWATA Motokazu Nihon University, Graduate School of

No.7, (2006) A Survey of Legislation Regarding Environmental Information in Europe and Japan IWATA Motokazu Nihon University, Graduate School of No.7, 35-44 (2006) A Survey of Legislation Regarding Environmental Information in Europe and Japan IWATA Motokazu Nihon University, Graduate School of Social and Cultural Studies As Principle 10 of the