On Call Hours and breaks (please help!!)

DVardysShadow

marybelle01 wrote: »

Which small point?

The one where he isn't entitled to a standard retainer fee; the one where he isn't entitled to a premium rate for after hours or weekends etc; the one where they aren't counted as working hours off the employers premises, unless the employer insists he stay in one place to receive calls; or the one where being on call from 18:00 - 8:00 is 14 working hours in law - which it isn't. Which pretty much means the entire post is opinion not fact!

I don't like the way the employer works any more than you do - but that doesn't excuse giving opinion as legal fact.

I have often wondered if you could wear a Moebius band.

What CM refers to before the words 'working time directive' is plainly opinion and is not claimed to be anything else. The 'otherwise restricted' AFAICS makes the place where he is the workplace

About the only thing you can pick at is
So if his period of being available on call is from 1800 until 0800 the next day then he has "worked" 14 hours.
if indeed he has freedom to go about his out of work life when on call but not providing a service.

marybelle01

The comments before "working time directive" are not clearly opinion. The post states that the employer "should" be paying various retainers, and since they do not have to pay them at all, there is no "should" about it. In the context of a post claiming to be based on the working time directive and European law, which in fact misinterprets said regulations and law, it reads as though his "clearly opinion" is a fact based on law. It isn't.

DVardysShadow

marybelle01 wrote: »

The comments before "working time directive" are not clearly opinion. The post states that the employer "should" be paying various retainers, and since they do not have to pay them at all, there is no "should" about it. In the context of a post claiming to be based on the working time directive and European law, which in fact misinterprets said regulations and law, it reads as though his "clearly opinion" is a fact based on law. It isn't.

European Working Time Directive is 'must' not 'should'. Should is an optional moral imperative.

C_Mababejive

Apologies,.have been away for a week.

The should to which i refer is simply a should and not a shall. What employers pay their employees is a matter of negotiation and not subject to law save for the law regarding minimum wage.

My reference to the WTR and European law was with regard to what counts as working hours. When a person is required to remain at their place of work and/or is so restricted that they may be deemed to be at their place of work,then all such hours count as working time with respect to WTR. There is plenty of case law regarding this. Some relates to the simple accountancy of working hours and some also relates to being paid for ALL hours on call whether or not you actually engage in work but are simply at the disposal of your employer.