HELP working two jobs

[liz4paris]

Hi
I have a full time job with one council and because of financial reasons I need to work a part time job which is with another employer. My full time job and my part time job managers are both aware I work for the other.
Is there any problem with my doing this?
I work 37 hour a week for one job and another 19 hours for the other.
I understand there is a working hours directive, but surely this would not be an issue if it is my choice to work because of necessity???

[pt2537]

you are refering to the Working Time Directive which was incorperated into English law in th Working Time Regulations 1998.

there is no problem with you working for 2 seperate employers IMHO and you are allowed to opt out of tthe 48 hr weeks anyway so it will not cause you any problems

regards
paul

[cal37]

The basic rights and protections that the Regulations provide are:

A limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).

A limit of an average of 8 hours work in 24 which nightworkers can be required to work.

A right for night workers to receive free health assessments.

A right to 11 hours rest a day.

A right to a day off each week.

A right to an in-work rest break if the working day is longer than 6 hours.

A right to 24 days paid leave per year.

As the opt out is going through a negotiating process in Europe, the UK law remains unchanged on this point and workers are still able to opt-out of the weekly working time limits but this opt-out will be coming to an end in due course.

Member States discussed a revised proposal from the European Commission at the Employment Council on 2 June. However there was no agreement on the proposals at this point.

[postggj]

the only exception to this is if you are a tcho driver maximum 48 hour week, over 5 days. 40 hour week plus eight hiurs overtime max

[postggj]

also must have 11 hour break between shift, when one weekly shift finishes and another one begins 45 hour break over 5 days

[liz4paris]

so really Im ok as i work for 2 seperate employers and CHOOSE to work the extra hours.I dont go over 48 ours for either job. In fact 19 hours on one and 40 on the other
Thanks for your replies

[cal37]

Originally Posted by postggj

the only exception to this is if you are a tcho driver maximum 48 hour week, over 5 days. 40 hour week plus eight hiurs overtime max

This comes under Mobile workers in road transport. The 48 hr week is an Average of 48 hrs over 26 weeks or less by agreement with the workers, Breaks IE 45 mins per 4.5 hrs driving is NOT included towards the 48 hrs, so for example........you work Monday to Friday, you drive 10 hrs on Monday and Tuesday ( total 1.5 hrs break each day ) and weds to Friday you drive 9hrs a day ( total 45 mins break each day )

Total break time is 5.25 hrs, so you can work under the working time directive for a total of 53.25 hrs legally.

Even this is further complicated by the fact of periods of availability, So you are waiting to unload and you have been told it will take 3 hrs before they start to unload you. Now this 3 hrs does NOT count towards the 48 hrs week. So now add the 3hrs to the 53.25 and you find yourself working 56.25 hrs.

So in practice mobile workers can and still do work many more hours than the 48 hr week, in fact i will go as far as say that the majority work excessive hours, yet staying within the working time directive and the maximum hours allowed under the European drivers' hours rules.

There is no law governing LGV drivers to a 5 day week, however new rules came into affect in April that require drivers to take a full 45 hr rest every 2 weeks.

[poppynurse]

Does the WTD affect the NHS, we were told it doesn't by the employer...shifts finish at 2030 start again at 0700, only a 10 minute 'concessionary' break in a 7.5 hour shift etc

[sillygirl1]

The NHS has a special 'opt-out' or did when I worked there, a 10 minute concessionary break is definately not on. You need to speak to your union rep as they will be able to bring the matter up with the relevant HR person and your manager. You should have a minimum of 20 minutes - especially if part of your shift involves computer work.

[postggj]

i think it is min 40 min break
check with union rep
its 40 min 4 me

[cal37]

The NHS opt-out ends in 2009, NHS trusts have agreed to have a 58 hr week for all staff, however many are failing to meet this target.

Only giving a 10 minute concessionary break in an 7.5 hr shift is not on at all Speak to your union rep asap.

[patdavies]

Originally Posted by postggj

i think it is min 40 min break
check with union rep
its 40 min 4 me

Then you are ahead of the game.

It is a 20 minute break for every 6 hours. Your employer is entitled to tell you when to take it, but this must not be at the start or end of your work period.

Question for everybody. Is the eleven hours between shid=fts absolute? Or is it averaged over a number of days/weeks?

[pt2537]

my understanding is, providing you are not in a exempted industry, the legislation provides an absolute 11 hours between shifts

[cal37]

Originally Posted by pt2537

my understanding is, providing you are not in a exempted industry, the legislation provides an absolute 11 hours between shifts

Correct But again you can opt-out but your employer can not force you to have less than 11 hrs

[fiyah]

i finish work at 11pm and am expected to be back in work at 5.45am, apparently its "all part of being on the management team" except im the only one of the management team that has to do this!
wouldnt mind but i work in a late night shop where no night is quiet (shoplifters, fights etc) so when i get home i cant unwind and sumtimes im still awake at 2am, then i get moaned at when im half asleep at work the next day and make silly mistakes

[Conniff]

fiyah
Irrespective of your position, you should have an employment contract (must be given within two months of start of employment by law), which must state, hours worked, pay entitlement, holiday entitlement and amount of notice required.
The hours worked in your case seem to be the most important as by what you say you are working 17 hour day. If that is five or six days per week then your employer is taking illegal action as you cannot be forced to work more than 48 hours per week and you are working almost double that.

They may have just given you the title of manager to take advantage of you.

If you want further help on this you should start a thread of your own.