CONSULTATION DOCUMENT

YOUNG WORKERS DIRECTIVE — END OF UK OPT-OUT
Outcome of the Public Consultation

Proposed regulations amending the Working Time Regulations 1998, following the ending of the UK specific opt-out from certain provisions of the EC Directive on the Protection of Young People at Work 94/33/EC (“The Young Workers Directive”)

Contents

	Introduction
	Background
	Regulations (15Kb)
	Regulatory impact assessment
	Introduction and Background in Welsh

Introduction

Certain provisions of the Young Workers Directive (“the Directive”) were implemented in Great Britain on 1 October 1998 and in Northern Ireland on 23 November 1998.  But the UK took advantage of a time-limited opt-out allowing it not to implement other provisions. The Government issued a consultation document on 19 December 2000, inviting views on the proposed approach to implementing these remaining provisions, and in particular the use of the derogations in the Directive. The present consultation now includes a draft statutory instrument and commentary on the various provisions and how they have evolved since the previous consultation.

At present “young workers” (those over the minimum school leaving age but under 18) are entitled to 12 consecutive hours’ rest between each working day, two days’ weekly rest and a 30-minute in-work rest break when working longer than four and a half hours. There are three other aspects of the Directive now to be implemented, by amendments to the Working Time Regulations. These are the limitation of working time to 8 hours per day and 40 hours per week, and the prohibition of night work between 10pm and 6am or between 11pm and 7am. In addition, the Directive allows Member States to permit derogations from these restrictions in certain circumstances.

Some changes have been made to the original proposals contained in the previous consultation document.  These are reflected in the draft Statutory Instrument and Regulatory Impact Assessment, which form part of this consultation document.

In summary the revised proposals would bring about the following situation.

• Young workers may not ordinarily work more than 8 hours a day or 40 hours per week, nor at night between 10pm-6am or 11pm to 7am.
   

• They may work longer hours where this is necessary to maintain continuity of service or production, or to respond to a surge in demand for a service or product and where an adult is not available to perform the duties and the training needs of the young worker concerned are not adversely affected. They must be adequately supervised during night work hours, where that is necessary for their protection, and be allowed equivalent periods of compensatory rest.
   

• Young workers may work at night between midnight and 4am, provided the above tests are met, in the following sectors: hospitals or similar establishments and those employed in connection with cultural, artistic, sporting or advertising activities. Young workers may also work between 10 or 11pm to midnight and between 4am to 6 or 7am in these sectors and also agriculture; retail trading, a hotel or catering business (not including restaurants or bars), a bakery or postal or newspaper deliveries.
   

• Young workers who are seafarers, in sea fishing or part of the armed forces will be excluded through the extension of existing regulations in the Working Time Regulations that address these sectors.

A copy of this document appears on the DTI’s website at http://www.dti.gov.uk/er/individual/youngconsult.htm 

You are invited to make comments on the Government’s proposals particularly in respect of the sectors where young workers will still be able to work at night.

Please note that we shall assume that you do not mind your reply being made public unless you advise us otherwise. If you want all or part of your reply to be treated as confidential please say so clearly in your reply.

Responses should be sent by 6 September 2002 to:

The Government will be making amending Regulations rapidly once the consultation is complete and responses must be received by the closing date in order to be considered.

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Last updated 14 June 2002