EXCEEDING 10 HOUR NIGHT WORKING TIME.

With the aid of the example below I will try to explain the complicated offence of Excess daily work due to night time working.

A

B

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In the above example the following offence was committed

Excess daily work due to night time working

The infringement was reported at 17.07 on 05/10/05

The daily working period started at 04.14 on 05/10/05

The daily work period finished at 04.09 on 06/10/05

The daily work undertaken=11.40

First we need to consider 

DIRECTIVE 2002/15/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2002

Article 7

Night work

1. Member States shall take the measures necessary to ensure that:

— if night work is performed, the daily working time does not

exceed ten hours in each 24 period.

Taking this into account we can see that the chart B was inserted on 06/10/05 at 03.57. 

Therefore if we look at the previous 24 hrs back to 05/10/05, chart A we will see that it was not inserted until 04.09 this will therefore become the start of the 24 hour period not 03.57.

However from 04.09 until 04.14 0n 05/10/05 it can be seen that the mode selected was passive work.  

Under Article 2 of the above directive

The break times referred to in Article 5, the rest times

referred to in Article 6 and, without prejudice to the legislation

of Member States or agreements between the social

partners providing that such periods should be compensated

or limited, the periods of availability referred to in (b)

of this Article, shall be excluded from working time;

From this the passive working time between 04.09 and 04.14 on the 05/10/05 does not count towards night time working and therefore the daily working period starts at 04.14.  From this time to 17.07 there is 10 hours working time and the total within the 24 period to 04.09 on the 06/10/05 is 11.40.

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There are two solutions to this problem.

  • Start duty at 04.01 or later

  • Sign an agreement to work longer that 10 hours when night time working.  If you want to make an early start to miss the traffic then you need to sign this agreement.  It is not detrimental to the mobile worker.  You still cannot exceed 60 hours working time per week, or an average of 48 hours.