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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.
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