EEC SETS NEW WORKING TIME REGULATIONS FOR LONG-DISTANCE DRIVERS

  New Working Time Directive laws have just been announced by the European parliament. After much discussion with interested parties and employers groups, including the Confederation of British Industry, the EEC have agreed a common set of standards across the community for long-distance drivers. The new laws cover maximum weekly working time, rest breaks and night work. The Directive, which must be implemented in the UK by 2005, states that drivers can work a maximum average of 48 hours per week and no more than 60 hours within any one week.  There will also be a limit of 10 hours for night work.  One good piece of news is that the Directive will not apply to self-employed drivers until January, 2009. As the British and European leader in Time and Attendance and Access systems, Tensor have provided new features in the WinTA software to track, record and maintain compliance with the Work Time Directive. WinTA is the worlds first Smart Card Time & Attendance system that meets the requirements of the new legislation. Many of our competitors have not even addressed the problem!

BRITAIN AGREES EXTENSION TO WORKING TIME DIRECTIVE

   Agreement was reached on 3rd April, 2000 on the extension of the Working Time Directive to cover workers in the sectors and activities currently excluded from the Directive. The Working Time Directive will be amended to cover doctors in training, offshore and railway workers and all non-mobile workers in the excluded sectors. Mobile workers in air, road and inland waterway transport will also be provided with "adequate rest", 4-weeks’ annual leave and for a limit on their working time. A separate directive, adopted last June, covers the working time of seafarers.  A nine-year timetable has been agreed for reducing the working time of doctors in training to 48 hours a week on average. The European Parliament and the Council of Ministers will now each have 6 weeks in which to adopt the Directive. Member States will have 3 years to implement all the provisions. Tensor are advising companies and organizations affected (which basically appears to be any organisation employing people!) to review their own situation now. As the British and European leader in Time and Attendance and Access systems, Tensor have provided new features in the WinTA software to track, record and maintain compliance with the Work Time Directive. WinTA is the worlds first Smart Card Time & Attendance system that meets the requirements of the new legislation. The WindowsTM based Time Management Software is designed to complement the Tensor Smart Card hardware, providing calculations of employee hours, with integrated Access Control functions. WinTA built in reports but also has a Report Writer which allows you to define a wide range of customised reports, which can be printed, exported, or viewed on screen. Automatic reports can be generated at pre-set times, for any give period. The WinTA software also has extra modules such as Tensor Personnel, Manpower Scheduling, Visitor Control, Job Costing and ID Card Software which can be added at any time to enhance the standard WinTA software package. Every WinTA system has a Fire Roll Call module that can be programmed to automatically open all or certain doors in the event of emergency. The roll call list is printed automatically, this function is executed directly from the clocking stations and does not rely on the controlling PC.

MEP’S VOTE TO SCRAP UK OPT-OUT FROM EU WTD

The European Parliament voted yesterday to phase out the UK opt-out from the EU Working Time Directive. This vote is likely to be of concern to all UK companies who have yet to install systems for employee attendance monitoring the hours worked by their employees and have thus far relied on the UK opt-out.  The CBI and other organisations are fighting to keep the opt-out but it is likely that the �writing is on the wall� for the end of this arrangement, seen by many European countries as an outdated UK privilege. Companies with a Tensor WinTA Time & Attendance system have no worries as a special module is available which handles the rules surrounding the Working Time Directive. However, companies who have old clocking-in systems, or none at all, need to take action soon.  If you have concerns, click here, or call Tensor now.

EEC RECOMMENDS END OF UK WTD OPT-OUT

The EU Employment and Social Affairs Committee have recommended the scrapping of the UK opt-out by the end of 2006. Certain responses have to be in to the Commission by 31st March 2003, but all indications point to UK companies having to install Time & Attendance monitoring systems to handle the legislation by December 2006. As you are probably aware by now, Tensor WinTA and WinTA Lite Time & Attendance systems manage the information and documentation required for the Working Time Directive and automatically calculate overtime and night working rules associated with the legislation. If you have any concerns, click HERE now.

WORKING TIME DIRECTIVE TO APPLY TO MOBILE WORKERS

The EEC have told the UK Government that the EU Road Transport Directive must be enshrined into UK law by March 2005. This means that mobile road transport workers must abide by the 48-hour working week regulations as stipulated in the EU Working Time Directive. The UK opt-out (which the EU is likely to terminate this year) will not apply. The Confederation of British Industry is seeking to mitigate the effects of the Directive by asking the Government to take up two derogations in the directive that  Allow the ‘average 48-hour week� to be over a 4-month period Allow night workers to work longer than 10 hours.  Tensor� have developed a special module that handles this for you. So no worries there! UK haulage companies have no choice other than to implement the Road Transport Directive with it�s somewhat complicated set of rules on hours worked, overtime and night workers. Companies who don�t record employee start and finish times by automatic means, must do so. However, help is at hand from Tensor as their WinTA Time & Attendance system automatically does all the calculations for you. If you have concerns, click HERE now.

CBI THINKS REAL DANGER OF UK LOOSING OPT-OUT TO WORKING TIME DIRECTIVE

  The Confederation of British Industry (CBI) admit the �Commission is currently reviewing the opt-out and there is a very real danger that it will recommend it�s immediate abolition�. CBI staff have been hard at work in Brussels this week lobbying the European Commission and MEP�s on working time and the UK’s individual opt-out from the 48-hour working week. The CBI has argued that the opt-out is a vital source of organisational flexibility for UK business, but others within the EEC seem not to be persuaded.  It now looks more likely that the opt-out will be scrapped at the end of 2003, meaning UK companies will have to fully comply with the rules of the 48 hour working week. However, this does not mean that employees cannot work more than 48 hours in a given week as the rules are based on a complicated averaging system of working time over a rolling 17 week window.  Fortunately, customers of Tensor don�t have a problem as Tensor�s Time & Attendance system, WinTA, was the 1st computerised Time & Attendance system in the world to properly handle the 48 hour working week. Companies who don�t have a computer system to deal with the 48 hour working week don’t have to worry either, as they can buy a complete Smart Card based system from Tensor, WinTAlite, for just �1,500.  If you are interested in buying a time and attendance system please contact us using our form.  A demonstration copy of WinTA can be downloaded here.   

NEW EMPLOYEE CONSULTATION LEGISLATION – LATEST…

  The Government has just announced details of impending legislation requiring employers to inform and consult staff on key business decisions. The new law is the implementation of the EEC Directive requiring employee consultation in all countries by 2005. For the first time, business employing more than 50 people have a statutory requirement to consult employees on an array of business matters.  Businesses must set up formal consultation processes if more than 10% of employees request it.  Businesses who don�t consult face fines of up to �75,000 from tribunals. Companies who demonstrate existing arrangements (formal agreement with employee representatives or union officials) may hold a further workforce ballot where more than 40% have to vote in favour. Employers have 6 months after a vote in favour to reach agreement with employee representatives on the best way forward. However, no compulsion to set up �continental style� workers councils. If employees and employers cannot agree arrangements the EEC Directive requires a committee to be formed. This must meet regularly to discuss the business situation, structure and probable development of employment within the organisation. Businesses must discuss decisions likely to affect the organisation with the committee in the first instance. Discussions must be genuine, "with a view to reaching an agreement"; but no requirement to obtain consent before proceeding with any plans. Ed: One of the best ways to survey your workforce is with Lightning Survey

NEW DISCRIMINATION LAWS FOR BLIND AND PARTIALLY SIGHTED PERSONS

Employers need to be aware of new laws that come into force on 14th April 2003 which extend the protection given to blind or partially sighted people. The legislation makes it clear to employers that people who are certified blind or partially sighted will be classed as �disabled� for the purposes of the Disability Discrimination Act 1995.  This means that blind and partially sighted people cannot be discriminated against in employment the supply of goods, facilities and services the disposal of premises in education The updated legislation has resulted from recommendations made in the ‘From Exclusion to Inclusion’ report published by the Rights Task Force, set up by Government in 1999. You can get a copy of the regulations from the Government at  www.legislation.hmso.gov.uk/si/si2003/20030712.htm

EMPLOYERS HELP ON NEW SEXUAL ORIENTATION LAWS

ACAS has produced a guidance document to help employers with the new "sexual orientation anti-discrimination" laws which came into force at the end of 2003. The document can be found at http://www.acas.org.uk/publications/pdf/guide_sexualO.pdf  Employers need to be aware of the risks to them of possible claims of "harassment in the workplace", an area where the greatest number of claims are likely to arise.  The lobby group, Stonewall, have also produced a guide highlighting a list of Best Practice bullet points for employers. This can be found at http://www.stonewall.org.uk