Just had a weeks holiday so over the next 3 weeks l intend to work 6 shifts, 1 day off(36hrs) -5 shifts, 1 day off(36hrs) -6 shifts, then 3 days off. Now providing that my driving hours etc are fine and l pay back any hours l owe at the end of the 3rd week, is it legal to do this ?
Wouldie:
Just had a weeks holiday so over the next 3 weeks l intend to work 6 shifts, 1 day off(36hrs) -5 shifts, 1 day off(36hrs) -6 shifts, then 3 days off. Now providing that my driving hours etc are fine and l pay back any hours l owe at the end of the 3rd week, is it legal to do this ?
When is the first days work after the holiday ?
My holidays ended on Monday. Yesterday and today are my normal days off as l work Thursday-Monday so tomorrow will be my first day back at work.
If this will be the work pattern it won’t be legal as you’ll only have reduced weekly rest periods in both weeks 2 and 3.
That’s lost me abit. Its not legal because l’ve only reduced the weekly rest twice ? I worked on Monday 24th November, 25th & 26th were rest days, holiday days were from Thursday 27th November upto and including Monday 1st December, 2nd and 3rd December were rest days. I thought that any reductions were compensated at the end of the 3rd week. Maybe l need to freshen up on the laws lol.
Wouldie:
That’s lost me abit. Its not legal because l’ve only reduced the weekly rest twice ? I worked on Monday 24th November, 25th & 26th were rest days, holiday days were from Thursday 27th November upto and including Monday 1st December, 2nd and 3rd December were rest days. I thought that any reductions were compensated at the end of the 3rd week. Maybe l need to freshen up on the laws lol.
The weeks from 8th to 14th and 15th to 21st only have reduced weekly rest periods in them. In any two consecutive weeks you need a minimum of one regular and one reduced and with no regular rest in those two weeks it is not legal.
FYI, compensation has to be paid back before the end of the 4th week, not the 3rd. The regulations say by the end of the third week following the reduction. If you reduce in Week 1 then the third week following Week 1 is Week 4.
Wouldie:
That’s lost me abit. Its not legal because l’ve only reduced the weekly rest twice ? I worked on Monday 24th November, 25th & 26th were rest days, holiday days were from Thursday 27th November upto and including Monday 1st December, 2nd and 3rd December were rest days. I thought that any reductions were compensated at the end of the 3rd week. Maybe l need to freshen up on the laws lol.
I didn’t say It’s illegal because you’ve only reduced the weekly rest period twice, it’s illegal because in weeks 2 and 3 you’ve only had reduced weekly rest periods.
In order to comply with the EU regulations, in any 2 fixed weeks (00:00 Monday to 24:00 Sunday) you must have at-least 1 regular weekly rest period and 1 reduced weekly rest period, in other words you must have a regular 45 hour weekly rest period at-least every second week.
Ok its registered now. Hadn’t engaged brain this morning . Thanks for pointing me in the right direction. Usually keep it simple so l keep within the law. Cheers.
Sorry to ■■■■in on this but I was just curious about something…
By using Tachographs example above,
After the reduced weekly rest on the Wednesday 10/12/2014
If I then paid back the owed hous of the RWR between the 11th and the 15th by whatever means you like i.e 4 x 3hr additions to daily rest periods.
Would I still not be able to take a RWR on the 16th or would I now have cancelled (wiped the slate clean) the previous RWR?
Reef:
Sorry to ■■■■in on this but I was just curious about something…By using Tachographs example above,
After the reduced weekly rest on the Wednesday 10/12/2014
If I then paid back the owed hous of the RWR between the 11th and the 15th by whatever means you like i.e 4 x 3hr additions to daily rest periods.
Would I still not be able to take a RWR on the 16th or would I now have cancelled (wiped the slate clean) the previous RWR?
No, paying back the compensation doesn’t turn a reduced into a regular.
Also the compensation has to be in one block and attached to a single rest period, not split into small chunks attached to different rest periods.
Reef:
Sorry to ■■■■in on this but I was just curious about something…By using Tachographs example above,
After the reduced weekly rest on the Wednesday 10/12/2014
If I then paid back the owed hous of the RWR between the 11th and the 15th by whatever means you like i.e 4 x 3hr additions to daily rest periods.
Would I still not be able to take a RWR on the 16th or would I now have cancelled (wiped the slate clean) the previous RWR?
No because paying back the compensation doesn’t make it a regular weekly rest period, it would still be a reduced weekly rest period but one that’s has been compensated for.
The rule is that a regular weekly rest period has to be taken at-least every second week.
As I thought, thanks for the confirmation tg