Working Time.

At Humba-HR-Consultants, we define working time as any period during which an individual is working, is at the employer's disposal and is carrying out the employer's activities or duties. You’ll find here information on hours of work, working time regulations, overtime and shift working, holidays and annual leave, other time off, bank and public holidays, work life balance and reservists. While the organisational/business world defines it as, working time is the period of time that an individual spends at paid occupational labour. Unpaid labours such as personal housework or caring for children/pets are not considered part of the working week.

Many countries regulate the work week by law, such as stipulating minimum daily rest periods, annual holidays and a maximum number of working hours per week. Working time may vary from person to person often depending on location, culture, lifestyle choice, and the profitability of the individuals’ livelihood. For example someone who is supporting children and paying a large mortgage will need to work more hours to meet a basic cost of living than someone without children of the same earning power. As fewer people than ever are having children choosing part time is becoming more popular.

Standard working hours (or normal working hours) refer to the legislation to limit the working hours per day, per week, per month or per year. If an employee needs to work overtime, the employer will need to pay overtime payments to employees as required in the law. Generally stating, standard working hours of countries worldwide are around 40 to 44 hours per week, and the additional overtime payments are around 25% to 50% to the normal hourly payments. Maximum working hours refers to the maximum working hours of an employee. The employee cannot work more than the level specified in the maximum working hour’s law.

Some very influential economists have recommended moving to a 21 hour standard work week to address problems with unemployment, high carbon emissions, low well-being, entrenched inequalities, overworking, family care, and the general lack of free time. Actual work week lengths have been falling in the developed world, because of child labour laws and some other human right breaches because unregulated and corrupt governments. In the UK, Workers don’t usually have to work more than 48 hours a week on average, unless they choose to.

 Weekly maximum working hours and opting out

Employers can’t force adults to work more than 48 hours a week on average - normally averaged over 17 weeks.

Exceptions:

These rules don’t apply to jobs:

• where the working time is not measured and the worker is in control - eg managing executives with control over their decisions
• in the armed forces, emergency services and police - in some circumstances
• in security and surveillance
• as a domestic servant in a private household
• where 24-hour staffing is required
• certain categories of seafarers, sea-fishermen and workers on vessels on inland waterways

Other work sectors might have different rules on maximum working hours and workers should always speak to their employer.

Opting out of the 48-hour week

Workers 18 or over who want to work more than 48 hours a week, can choose to opt out of the 48-hour limit.

This could be for a certain period or indefinitely. It must be voluntary and in writing.

It can’t be contained in an agreement with the whole workforce. However, employers are allowed to ask individual workers if they’d be willing to opt out.

An employer shouldn’t sack or unfairly treat a worker (e.g. refused promotion) for refusing to sign an opt-out.

Workers who can’t opt out

Employers must not allow the following staff to opt out:

• workers on ships or boats
• airline staff
• workers in the road transport industry, e.g. delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
• other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
• security guards on a vehicle carrying high-value goods.

Cancelling an opt-out agreement

A worker can cancel their opt-out agreement whenever they want - even if it’s part of their employment contract.

They must give their employer at least 7 days’ notice. This could be longer (up to 3 months) if the worker previously agreed this in the written opt-out agreement with the employer.
The employer is not allowed to force a worker to cancel their opt-out agreement.

16 and 17 year old;

16 and 17 year olds can’t normally work more than 8 hours a day or 40 hours a week.

The hours can’t be averaged out for 16 and 17 year olds. There is also no opt-out which means that they can’t work longer hours even if they want to.

Calculating your working hours:

Only certain hours count as work when weekly hours are calculated.

What counts as work?

As well as doing the normal duties, a working week includes:

• job-related training
• time spent travelling for workers who have to travel as part of their job, eg travelling sales reps or 24-hour plumbers
• working lunches, eg business lunches
• time spent actually working abroad in some cases
• paid and some unpaid overtime
  
• time spent on call at the workplace
• any other time that is treated as ‘working time’ under a contract

What doesn’t count as work

A working week doesn’t include:

• breaks when no work is done, eg lunch breaks
• normal travel to and from work
• time on call away from the workplace
• evening and day-release classes not related to work
• travelling outside of normal working hours
• unpaid overtime a worker has volunteered for, eg staying late to finish something off
• paid or unpaid holiday

Time used to calculate average hours

The average working hours are calculated over a ‘reference’ period. This is normally a 17-week period.

Someone can work more than 48 hours in 1 week, so long as the average over 17 weeks is less than 48 hours a week.

Some jobs have different reference periods:

• doctors in training have a 26-week reference period.
• the offshore sector has a 52-week reference period.
  

Working hours if someone has more than one job:

If someone works for more than one employer, the amount of combined hours should not be legally more than 48 hours on average a week.

Workers with more than one job could either:

• consider signing an opt-out agreement if their total time worked is more than 48 hours.
• reduce their hours to meet the 48-hour limit.
• working from on some online surveys or data entry posts which do not require stipulated hours but work to be done on time.
• find time to rest enough, in between their working arrangement.