Weekly Rest Compensation

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

What would you say to the following question… Is this legal ?

Would it be legal to compensate for a reduced weekly rest the same week as the rest was taken in, but before the reduced rest actually occurred ?

For instance in a working week that includes the following

Tuesday 29.5 Hours Daily Rest (Finish at Midnight, don’t start work again until 11:30 on Wednesday)
Wednesday 10 hours work
Thursday 33 Hours Weekly Rest.(Start rest at 21:00 on Wednesday, don’t work again until 07:00 Friday)

Would it be allowable to use the extra hours on Tuesday to compensate for the missing 12 hours on the weekly rest a few days later ?

The rules say something along the lines of "Reductions in weekly rest must be compensated by an equivalent period of rest taken in a block before the end of the third week that follows the week in which the reduced rest was taken. "

In my view, the above example strictly does stick the letter of the rule, although maybe looks a little odd.
The rest has been compensated for before the end of the third week. The rules do not seem to mention taking it “after” the reduced rest period itself, it only mentions ‘weeks’.

I’m trying to fit in driving during 4 rest days from a full time job, but struggle a bit due to already working 6 shifts so it can get very complex very quickly.

2

If you have 2 reduced weekly rests in the same week then the second can be used to payback what was owing from the first

The second would not need paying back as it was an extra

A period of over 24 hours off can be used as a daily rest with what is left over being used as payback if that is what the driver wishes to do
If this option is chosen then it is not a reduced weekly rest if less than 24 hours remains after using it as payback

Payback of a reduced does not make it into a regular

3

You cannot pay back a reduced rest period before you take that period. But in your example you just flip it round and use 15.5 hours of the 33 hour rest period to compensate for the 29.5 hour reduced rest. This means the second rest period is no longer a weekly rest and would just be a regular daily rest period.

The only issue that may cause is with your next weekly rest period. It would be required to begin no later than 11:30 on the following Tuesday, 144 hours after you resumed work at 11:30 on the Wednesday.

4

Coffeeholic:
You cannot pay back a reduced rest period before you take that period. But in your example you just flip it round and use 15.5 hours of the 33 hour rest period to compensate for the 29.5 hour reduced rest. This means the second rest period is no longer a weekly rest and would just be a regular daily rest period.

On this occasion you are correct, although I’d not noticed that option myself. Other weeks might be 24 hours which only needs to be daily rest, and then a reduced weekly of 30 hours, although I guess the same applies, just do it as 24 + (21 Compensation + 9 Daily)

Can you explain what part of the regs would prevent you pe-emptively taking compensation rest ? I’m trying to understand what specifically is stopping it.

I’m also interested in the earlier comment about second rest periods in the same week.

If you have 2 reduced weekly rests in the same week then the second can be used to payback what was owing from the first

The second would not need paying back as it was an extra

I had assumed that if I take a second weekly rest period the same week the same rules apply if it was not 45 hours.

Wondering if it would help to clearly list my shifts

Day 1 07:00 - 17:00
Day 2 07:00 - 17:00
Day 3 12:00 - 22:00
Day 4 12:00 - 22:00 *24 Hours off between shifts
Day 5 22:00 - 07:00
Day 6 22:00 - 07:00
Rest Day 1
Rest Day 2
Rest Day 3
Rest Day 4

As you can see there is 24 hours off in the middle of the set on Day 4 into Day 5.

I’ve been trying to find time to fit in 2 full Weekly Rest Periods in this 10 day period, but doing it so I can do it every set of rest days is fairly limiting in the actual hours I can work.

I normally go for the 24 hours off in the middle of my full time job’s shifts being a reduced rest period, and full rest period in the 4 rest days + trying to compensate the 21 hours from the 1st rest period in that 4 days off as well.

Are we saying that if it’s in the same fixed week as the 45 hour rest period, the reduced one does not need compensating ?

Some weeks they might physically be in different fixed weeks not sure if that matters ?

5

Common sense says that you cannot compensate for something which has not yet happened

dictionary.reference.com/browse/compensation

6

You are trying to do something which the regulations does not require you to do

Fixed weeks are sunday midnight to sunday midnight

The regulations require you to use fixed weeks and to have certain rests in each fixed week as well as not working more than 6 days in a row = put simply

Are those 10 days a repeating shift pattern :question:

7

ROG:
Common sense says that you cannot compensate for something which has not yet happened

dictionary.reference.com/browse/compensation

Agreed, but we’re not talking about common sense, we’re talking about legislation which comes down to word for word how its written.

My angle is that the spirit of the regs is that within 3 fixed weeks of having a reduced rest you’ve made up those missing hours.

Does making it up 2 days before the reduced rest change the end result, and is that result still within the spirit of the regs ?

8

Buffy500:

ROG:
Common sense says that you cannot compensate for something which has not yet happened

dictionary.reference.com/browse/compensation

Agreed, but we’re not talking about common sense, we’re talking about legislation which comes down to word for word how its written.

My angle is that the spirit of the regs is that within 3 fixed weeks of having a reduced rest you’ve made up those missing hours.

Does making it up 2 days before the reduced rest change the end result, and is that result still within the spirit of the regs ?

The law uses the dictionary definitions of the words used which is why I put in the meaning of the word compensation

9

ROG:
You are trying to do something which the regulations does not require you to do

Fixed weeks are sunday midnight to sunday midnight

The regulations require you to use fixed weeks and to have certain rests in each fixed week as well as not working more than 6 days in a row = put simply

Are those 10 days a repeating shift pattern :question:

It is a 10 day repeating shift pattern.
If it does not require it, what you propose as the workable solution ?

Trying to compensate for the second rest period is what is screwing it up for me !

10

Buffy500:
It is a 10 day repeating shift pattern.
If it does not require it, what you propose as the workable solution ?

Trying to compensate for the second rest period is what is screwing it up for me !

I can go away and see what I can work out over a few weeks period but give me some time

I will start day 1 of the first 10 days on a monday

11

Came up with this as best case but others might be able to do better …

10 DAY SHIFT.PNG
10 DAY SHIFT.PNG898×438 15.6 KB

Green not used as weekly rests

3 days off in a row used for regular weekly rest and payback from previous reduced

12

Wow, you’ve put a lot of work into that. You are a star.

I assume that any of the midweek start/finish highlighted in yellow/orange is a weekly rest period ?
To clarify what you’ve done, 45 hours rest every 10 days and when required 24 hours from the middle of the “working week” with compensation tacked onto the next weekly rest ?
I think you’ve come up with a couple of options that I’d put together, but you’ve shown that I can work 2 days more often than I thought would work out.

I can’t see a reason why the days driving and the rest days can’t be swapped round so that I drive 1st and rest 2nd, would you agree ?

I’m still trying to understand what was meant by this earlier:

If you have 2 reduced weekly rests in the same week then the second can be used to payback what was owing from the first
The second would not need paying back as it was an extra

The way it reads is that if both rest periods are in the same fixed week then there is no compensation needed for that week as its a optional extra. I know you didn’t say this, whats your view on it ?

13

The colour daily bits are the weekly rests that correspond to the coloured weeks

Cannot come off nights at 0700 and then drive a full shift so the first day off is always a rest day

14

Buffy500:
Can you explain what part of the regs would prevent you pe-emptively taking compensation rest ? I’m trying to understand what specifically is stopping it.

Certainly, it’s this bit from Article 8 (6).

However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.

The word in red is the important bit. Following means coming after so you cannot make the compensation until the event has happened.

Buffy500:
I’m also interested in the earlier comment about second rest periods in the same week.

If you have 2 reduced weekly rests in the same week then the second can be used to payback what was owing from the first

The second would not need paying back as it was an extra

The regulations require a minimum of one weekly rest period per week, and in any two weeks the minimum is one regular and one reduced. Once you have satisfied that minimum requirement any other weekly rest periods are surplus to requirements and serve no purpose for the regulations other than to restart the 144 hours between weekly rest clock. As long as you compensate the minimum requirement you have complied with the regulations so the second rest you ask about doesn’t need compensating.

15

ROG:
The colour daily bits are the weekly rests that correspond to the coloured weeks

Cannot come off nights at 0700 and then drive a full shift so the first day off is always a rest day

I accept that, but there’s no reason why I can’t start after 16:00 and do a late or a night job is there ?

16

Coffeeholic:

Buffy500:
Can you explain what part of the regs would prevent you pe-emptively taking compensation rest ? I’m trying to understand what specifically is stopping it.

Certainly, it’s this bit from Article 8 (6).

However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.

b
The word in red is the important bit. Following means coming after so you cannot make the compensation until the event has happened.

Buffy500:
I’m also interested in the earlier comment about second rest periods in the same week.

If you have 2 reduced weekly rests in the same week then the second can be used to payback what was owing from the first

The second would not need paying back as it was an extra

The regulations require a minimum of one weekly rest period per week, and in any two weeks the minimum is one regular and one reduced. Once you have satisfied that minimum requirement any other weekly rest periods are surplus to requirements and serve no purpose for the regulations other than to restart the 144 hours between weekly rest clock. As long as you compensate the minimum requirement you have complied with the regulations so the second rest you ask about doesn’t need compensating.

So in the example pattern kindly provided above, if both rest periods are in the same fixed week the 3 day rest is not required and most weeks I could drive 2 out of 4 rest days plus a 24 rest in the middle of my normal working week to reset the 144/6day counter ?

17

I did that colourful example and carefully worked out the payback required which meant having 3 days off in a row

I cannot see how 2 days driving could be done every time without compromising the payback

18

Buffy500:

ROG:
The colour daily bits are the weekly rests that correspond to the coloured weeks

Cannot come off nights at 0700 and then drive a full shift so the first day off is always a rest day

I accept that, but there’s no reason why I can’t start after 16:00 and do a late or a night job is there ?

Yes you could but still need to be careful of not compromising any payback, weekly rest requirement or doing more than 144 hours between weekly rests

19

Thanks you both you for your help.

I’ve got a solution that gives me more time than I thought I had before.

20

Buffy500:
I’ve got a solution that gives me more time than I thought I had before.

Which is ■■?