advice needed! european working time directive and how it applies to part-time worker

weezl74

Hi there,

I'd be grateful if anyone knows anything about this. I'm wondering if on a 0.5 contract I can say to my employers that I can't work more than 24 hrs in any given week, since the maximum for a full-time persom is 48hrs max in a working week.

I'd like to use this as part of the business case for me to apply for a different working pattern, so need to be very sure of my facts before arguing this!

Many thanks in advance for your thoughts

Weezl

hellokitty08

hurm,

Interesting question, not heard of this before. But I would assume that to be on a 0.5 contract you should be working 1/2 the hours of a full time role, so if a full time person in your company works 48 hours then I would say that yes your contract could be for 24 hours, however if a full time person is contracted to do 40 hours a week your 0.5 contract should be for 20 hours a week.

Dont forget they can ask you to opt out of the working time regulations.

Have a look in your contract it might state the full time position but on pro rata basis.

weezl74

Thanks Hello kitty :A

Unfortunately the full-time equivalent doesn't have an upper limit on hours worked, other than the limits set by the european working-time directive (ie 48 hrs). They normally work 37 hrs and I do half of that, but am being asked to work for 34 weeks of the year at 24 hrs a week. In my view this allows no flexibility because when I'm asked to do more, I'm already at the max set by the EWTD.

If you see what I mean?

goggle

Sorry to bear bad news but the EWTD does not set a limit for "part time work" just a limit overall. The 48hrs is an average measured over a 13 week period so you can work more one week & less another and it's ok ...
In your case, the fact that you are contracted to 0.5 is irrelevant - unless you hit 48hrs EWTD doesn't apply at all & you need to manage it within your company

If however you have a 2nd part time job on a 0.5 contract, then you have a case as your TOTAL work cannot exceed the 48hr average

weezl74

oh dear goggle, that is bad news. So because I am taking care of my son the rest of the time I can't assert any upper limit on the working time in a week?

Thanks for your help

cazziebo

goggle wrote: »

Sorry to bear bad news but the EWTD does not set a limit for "part time work" just a limit overall. The 48hrs is an average measured over a 13 week period so you can work more one week & less another and it's ok ...
In your case, the fact that you are contracted to 0.5 is irrelevant - unless you hit 48hrs EWTD doesn't apply at all & you need to manage it within your company

If however you have a 2nd part time job on a 0.5 contract, then you have a case as your TOTAL work cannot exceed the 48hr average

this is correct - there is only one upper limit and it's 48 hours for all workers. You can't use the WTR to support your case.

(would just add that the usual period for calculation is 17 weeks rather than 13)