The EU Working Time Directive and its Application to UK Businesses

There are many similarities between the laws that govern EU and UK working hours, however there are key differences that employers should be aware of, especially if you employ staff working in EU member states.

With more and more small to medium businesses operating internationally, there is a fair chance that you will have to ensure compliance with not just UK Employment and Health and Safety Standards, but also the compliance laws of other nations. Failure to do so could result in very costly legal expenses for your business.

Whilst businesses that operate in the UK have working hours regulated under the Working Time Regulations, businesses that have employees operating in EU member states must track their employee’s time to comply with the European Working Time Directive. For business operating solely in the UK then The EU Working Time Directive does not apply, since the UK’s withdrawal from the European Union in January 2020.

To find out more regarding the European Working Time Directive and if your business is required to be compliant with EU labour laws, contact Croner today and speak to a qualified Employment Law Specialist. Call 0808 501 6651.

What is the European Working Time Directive?

The European Working Time Directive came into enforcement in 2003 and has subsequently been updated as of 2019 to require the accurate tracking of employees’ hours by employers.

It was primarily put into play to protect the Health and Safety of workers as well as regulate labour and working hours. Under this legislation employers must guarantee their workforce the following:

Limitations on weekly working hours

The hours for a seven-day working week must not exceed 48 hours in total. This number of hours also includes any overtime that employees work. This 48-hour average is calculated in a reference period of either 4, 6 or 12 months.

Rest breaks

If a worker is on shift for more than 6 hours, then they will be entitled to a rest break.

Minimum daily rest

For every 24-hour period a worker should be entitled to a minimum of 11 consecutive hours of rest.

Minimum weekly rest

In a 7-day period workers are entitled to a minimum of 24 hours uninterrupted rest in addition to 11 hours daily rest.

Annual leave entitlement and pay

Employees are entitled to 4 weeks of paid annual leave each year.

Extra protection for employees working at night

An employee working at night must not have their hours exceed 8 hours in a 24-hour period and must not perform heavy or dangerous work for longer than 8 hours in each 24-hour period. Night workers are also entitled to free health assessments and under certain circumstances, are able to transfer to day work.

Whist each EU member state is obligated to create their own national labour laws and regulations regarding working hours, they must use The Working Time Directive as guidance and ensure that their laws are complaint with the maximum number of working hours specified and are not exceeded.  

European Working Time Directive (2019)

In 2019 it was ruled by the European Court of Justice, that employers should accurately record and document the working hours of their employees through a time tracking system, including any overtime. The directive’s purpose is to help ensure that employees are protected from excessive hours, unrecorded overtime and insufficient breaks.

How do I ensure compliance with European Working Time Directive?

If your business has employees working in EU member states, then you are bound under the Terms of the European Working Time Directive including accurately tracking EU-based employees’ hours.

For more information on the European Working Time Directive and whether this applies to your business, speak to a Croner HR and Employment Law expert today.

Call 0808 501 6651.