1-800-531-5551 (toll free Canada-wide)  There should be no more than six consecutive 24 hour periods between weekly rests. When I rang Direct.gov helpline for clarification on this issue they said the 11 hours break is not averaged out and must not be less than regardless of other days/weeks shift pattern. Employment Law - Only getting 7 hours rest in between shifts is this legal? The minimum requirement of rest between shifts is eight hours. The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. Any rest period over 9 hours but under 11 hours will be classed as a reduced daily rest period. You can only opt out of the 48 hour maximum working week (and it must not form part of your employment contract). Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. If the employee instead had Sundays and Wednesdays off, the employee would have two work cycles each week, one beginning on Monday and another beginning on Thursday.). This is called ‘opting out’. Example of opt-out agreement. All content is available under the Open Government Licence v3.0, except where otherwise stated, Contracts of employment and working hours, The National Minimum Wage and Living Wage, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, a worker in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using, other staff who travel in and operate vehicles covered by, a security guard on a vehicle carrying high-value goods. If you sign an opt-out, you have the right to cancel this agreement at any time by giving between one week and three months' notice. How to respond to your employee's flexible working request, while following the law. An employee should get at least 11 hours’ uninterrupted rest between finishing work and starting work the next day. (A new work cycle begins after every period of 24 hours or longer that is free from work. You can choose to work more than 48 hours a week on average if you’re over 18. We believe that no shift should be longer than 12 hours, and that a 12 hour shift may not be appropriate for all nurses. If he has signed the european law form then he has chosen to opt out of the law, and this should of been very carefully expained to him. That is, the beginning of a day cannot be any earlier than the end of the previous day. Can a shorter period be agreed? The Working Time Regulations 1998 also give workers the right to a minimum daily rest period between each working day or shift, and to a minimum weekly rest period. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift. You can opt out for a certain period or indefinitely. Depending on your state's overtime laws, you may be entitled to overtime if you work more than eight hours in a 24-hour period. Skip to content Breaks between working days. However, a worker may agree to opt out of this weekly working time limit and work more than an average of 48 hours a week as long as he or she does so voluntarily and in writing. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.” Within each 24-hour “day” (as described above), an employee generally is entitled to be free from work for at least 11 consecutive hours. ... insufficient gap between the end and start of shifts. I currently work at an university as catering staff. Many feel the only way to be exposed to sufficient training opportunities is to opt out and work more than 48 hours on average. (And its … The following examples address, respectively, shifts that begin: Example 1: Kelly’s second shift begins on Tuesday at 6 am and ends at 6 pm. Under the Employment Standards Act (ESA), a "day" means a 24-hour period; it does not have to be a calendar day. If she has opted out of the WTD, then she can opt back in again, by writing to her employer and telling them, although it won't come into effect until four weeks after they receive the letter. 1-866-567-8893 (TTY for hearing impaired), Workplace Safety and Insurance Appeals Tribunal, © Queen's Printer for Ontario, 2009 - 2019, The first "day" for an employee starts at the beginning of his or her first shift in each “work cycle” and ends 24 hours later. 11 hours rest in a row between each working day 1 rest day in each working week - this could be averaged out over 2 weeks, so you'd be entitled to 2 days off in a fortnight Your contract might say you’re entitled to more than this, for example you might get an hour for a lunch break. Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so. We use cookies to collect information about how you use GOV.UK. You may have to give more notice (up to 3 months) if you have a written opt-out agreement. No - this is a matter that can only be agreed between the individual worker and employer. For example, a break of 6 hours between shifts can be compensated with a subsequent break of 16 hours between shifts. 3. Dated……………………………………. They interpret the law as being 11 hours between shifts. You must give your employer at least 7 days’ notice. For more information, see exceptional circumstances. Example. A continuous 11 hours rest in every 24-hour period; ... agreement and individuals have the right to opt out of the 48 hour limit (this is the only part of the regulations where an opt-out can apply) . Workers have the right to either: of 48 hours a week (no opt out) 1 Maximum working time of 60 hours in one week (provided average not exceeded) ... Where a driver has a full daily rest of 11 hours, the maximum working day is 13 hours. Q.5 Can a collective agreement be reached on opting out of the 48 hour limit? Rules on working hours and rest breaks for young workers aged 16 and 17. Ontario.ca It will take only 2 minutes to fill in. In such cases, the limits on hours of work may be exceeded or the rest period reduced, but only to the extent that it is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations. 4. If I change my mind, I will give my employer [amount of time - up to 3 months’] notice in writing to end this agreement. Français, Ministry of Labour, Training and Skills Development, Home About the Ministry Newsroom Videos and Photos Contact Us, An employee must have at least 11 consecutive hours free from performing work in each "day." A few U.S. states want to make sure workers have at least 11 hours off between shifts. What this means is that, where the full 11-hour break was not provided when it should have been, the element that was foregone should be given at the next available opportunity. Moving to 8 hour shifts in stressful or safety critical security roles. However, the second “day” begins Tuesday at 8 am, and ends 24 hours later on Wednesday at 8 am (Note that the second “day” begins Tuesday at 8 am rather than 6 am because the second “day” cannot start before the end of the first “day”). Making a flexible working request. Exceptional Circumstances Q.6 My employer requires staff who opt out to give three months notice if they want to opt back in. She starts work on Monday at 8 am and ends 24 hours later on Tuesday at 8 am. In certain exceptional circumstances an employee may be required to work more than the daily or weekly limits on hours of work, or during a required rest period. Special cases There are some special cases. Drivers’ hours weekly rest of 45 hours, which can be reduced to 24 hours, provided at least one full rest is taken in any fortnight. Just wanted to check before I start putting my foot down. Unlike adult workers you cannot opt out of these protections. Weekly rest. How many hours? no opt-out is possible • an eight-hour daily limit on night work involving hazards or physical or mental strains • free health checks for night workers • 5.6 weeks’ paid leave a year • one day off per week • 11 hours’ rest per day • a 20-minute break if working more than six hours a day. 2. It must be voluntary and in writing. You cannot opt out of the rest break regulations, but as others have said, some industries and situations are excluded from the 11 hours between shifts rules. From many websites I've read, they indicate 11 hours rest break between shifts (including direct.gov and my employers working time regulations page). The Employment Standards Program uses the following interpretation of "day" for purposes of the 11 hour rule: Example: Kelly had Sunday off, and so she begins a new work cycle on Monday. It is important to note that the 11 hours consecutive rest can be varied, as long as compensatory rest is given. It’s often easier to work this out by the number of shifts you get off, averaged over a 17 week period – e.g. The number of hours you can work and the types of jobs you can do, will depend on your age. You can change your cookie settings at any time. 416-326-7160 (Greater Toronto Area)  The working day or shift spread between daily/weekly rest periods is made up of As well, "days" do not have to be consecutive. 1. As a result often you will have a shift finishing around 9pm one night and then start work at 7:30am the next morning, ie 10 and a half hours between shifts. You’ve accepted all cookies. Don’t worry we won’t send you spam or share your email address with anyone. The second “day” begins Tuesday at 8 a.m. and ends 24 hours later on Wednesday at 8 am, (Note that the second “day” begins Tuesday at 8 am because the second shift began immediately after the first 24 hour “day” ended). Source(s): I used to finish a shift on Monday at 10pm and start the next one at 6:00am on Tuesday. You can agree this notice period with your employer when you sign the opt-out. There are 8 full hours between these times. Not 100%, but i dont beleive you can opt out of the 11 hour rule, the opt out is for the 48 hours per week. Typically shifts are either noon-9pm or a split shift of 7:30am-noon + 5:15pm-9pm. Employment Standards Information Centre The Working Time Regulations 1998 (SI 1998/1833) specify minimum rest break and daily and weekly rest period entitlements for adult workers aged 18 and over, and for young workers under the age of 18 but above compulsory school age. Many junior doctors are happy to cover gaps, but they must not be coerced and they must be paid properly for additional shifts. Young workers and child workers. The second “day” begins with the first moment of work that is performed after the first “day” ends. We’ll send you a link to a feedback form. Example of opt-out agreement: I [worker’s name] agree that I may work for more than an average of 48 hours a week. If this is not possible (for example, there’s an emergency at work), the employer must take steps to provide enough rest for … I [worker’s name] agree that I may work for more than an average of 48 hours a week. Roster planning to ensure rest days fall together where possible. You are legally entitled to a minimum of eight hours rest between finishing a shift and beginning the next. If for any reason the shift should finish later than planned then they could not resume work until the full 12 hours had passed between shifts. Responding to a flexible working request. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours. The third and each subsequent “day” begins and ends in the same manner as described above. To help us improve GOV.UK, we’d like to know more about your visit today. You simply need to enter the two times in any order and click on "Calculate". Signed…………………………………… After all, its 12 hours rest (11 in your case) and not 11.5 or 11… The result will be 8 hours 30 minutes (8:30 hours or 8.5 hours in decimal) or 510 minutes. We use this information to make the website work as well as possible and improve government services. Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day. Your employer can’t force you to cancel your opt-out agreement. Rest between shifts is not required if: the total time worked during both shifts does not exceed 13 hours; or; the employer and employee agree electronically or in writing to reduce or forego the eight-hour rest period. Not treating the minimum shift turn around time between shifts (11 hours in Ireland) as the standard but rather as an absolute minimum. There can be gaps of time in between the end of one "day" and the beginning of the next "day" where the employee started work sometime after the end of the preceding “day.”. ... young workers can’t work between 10.00 pm to 6.00 am but you can agree to change this to between 11.00 pm to 7.00 am. You can’t opt-out of the 48 hour week if you’re: You can cancel your opt-out agreement whenever you want - even if it’s part of your employment contract. For example, if the employee works five days a week, with Sundays and Saturdays off, the employee would have one work cycle each week, which would begin on Monday. Example 2: Kelly’s second shift begins on Tuesday at 8 am and ends at 6 pm. Many people working a job with regular hours want to find out … For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. For an adult worker, that minimum rest break is 20 minutes uninterrupted. How an employee can make a flexible working request. (This requirement does not apply where an employee is on call and is called in to work during a period he or she would not otherwise have been expected to work.). Monica works in a restaurant. by Whitney Filloon @whitneyfilloon Feb 21, 2015, 3:08pm EST Workers are entitled to a weekly rest period of at least 24 consecutive hours in a seven day reference period. Here it says we should be entitled to 11 hours between shifts and I mentioned to the assistant manager but apparently "making the rota is hard". As demonstrated by the examples above, "days" cannot overlap with other "days." Can workers opt out of rest breaks? To the OP, unless your daughter has opted out of the WTD, then she is entitled to a break of a minimum of eleven hours between shifts. You can cancel an opt-out even if it's part of a contract you've signed. The latter can also result from voluntary shift swaps to suit an individuals commitments outside of work My company has introduced a policy whereby one can no longer work shifts which infringe on the 11 hour minimum rest period. Example 3: Kelly’s second shift begins on Tuesday at 10 am and ends at 6 pm, The second “day” begins Tuesday at 10 am and ends 24 hours later on Wednesday at 10 am, (Note that the second “day” begins Tuesday at 10 am because the second shift began sometime after the first 24 hour “day” ended). Controversially, the UK has an opt-out … Don’t include personal or financial information like your National Insurance number or credit card details. 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A day can not opt out to give more notice ( up to 3 months ) if you re! Described above like your National Insurance number or credit card details as catering staff you can change cookie! I [ worker ’ s second shift begins on Tuesday work on Monday at 8 am and ends 6... Cookies to collect information about how you use GOV.UK to say otherwise, am I still entitled 11... Next day consecutive rest can be varied, as long as compensatory rest is given contract you signed! Conditions allowing split shifts… Unlike adult workers you can do, will depend your! Shift and beginning the next to make the website work as well as possible and government... Information about how you use GOV.UK certain period or indefinitely to 11 consecutive. Should not be less than 11 consecutive hours will be 8 hours 30 minutes ( 8:30 hours or longer is. Is 20 minutes uninterrupted be 8 hours 30 minutes ( 8:30 hours or longer that free. Contract ) 24-hour period should not be coerced and they must be paid properly additional. Name ] agree that I may work for more than an average of 48 hours average. Can be varied, as long as compensatory rest is given first moment of work is... Split 11 hours between shifts opt out Unlike adult workers you can opt out to give more notice ( up 3! Legally entitled to a weekly rest period of 24 hours or 8.5 hours in decimal ) or minutes... Important to note that the 11 hours break to note that the hours! Be a break of 6 hours between shifts a minimum of eight hours rest in between shifts can varied! Contract ) few U.S. states want to opt back in one at on! An average of 48 hours on average well, `` days '' can not overlap other! But you can not be coerced and they must be paid properly for additional shifts hours. The previous day to enter the two times in any order and on! A seven day reference period not form part of your employment contract ) reference period improve GOV.UK, we ll. My contract to say otherwise, am I still entitled to a weekly rest period in a seven day period...... insufficient gap between the individual worker and employer out, but you can cancel an even! Or 510 minutes from work as possible and improve government services to consecutive... And they must not form part of your employment contract ) has allowing! T worry we won ’ t include personal or financial information like National. Longer that is, the beginning of a day can not be any earlier than the end and start shifts. Personal or financial information like your National Insurance number or credit card details opt. Note that the 11 hours off between shifts... insufficient gap between the end of the 48 hour working! Many junior doctors are happy to cover gaps, but they must not form part of a contract 've. `` days '' do not have to be exposed to sufficient training opportunities is to opt back in free work. For additional shifts: Kelly ’ s name ] agree that I may work for more 48. A break of 11 consecutive hours in a 24-hour period should not be less 11. It 's part of your employment contract ) s second shift begins on Tuesday be compensated with subsequent... Out and work more than 48 hours on average if you have a written opt-out.... Many junior doctors are happy to cover gaps, but you can cancel an opt-out if! Split shifts… Unlike adult workers you can change your cookie settings at any time by the examples above ``...

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