Working Time Directive?

[tim123]

No but they can find a 'more suitably qualified' candidate, which essentially is the same only fully legal.


REMEMBER : What people are allowed to do and what they want to do are rarely the same, and if you want it enough there are ways of achieving the same legally.

The 'they' in this sentence is the MSC, the client has already offered the contractor the gig.

tim

[boredsenseless]

They cannot insist upon it, and they may not make you signing it a condition of them acting for you.

tim

No but they can find a 'more suitably qualified' candidate, which essentially is the same only fully legal.


REMEMBER : What people are allowed to do and what they want to do are rarely the same, and if you want it enough there are ways of achieving the same legally.



Sorry I didn't have my "avoidance of pedantic referrers" hat on when I wrote the original posting.

[kirk]

You'll be with CP then...

[jh0711]

signing an opt out to the wtr does not mean anyone can force you to work more than 48 hours per week but it does give you the option should you wish to.

when the laws came out in 97/98 there was clause that if some one was classed as an autonomous decision maker than the ruling would not apply to them.

It was brought out to stop dodgy companies offering low wages but letting people work 60/70 hours per week so they could take home a living wage - obviously with NWM this is not such an issue now

[EqualOpportunities]

Was asked by my EB today whether I have signed the Working Time Directive?

Why would I, it's my company?!?!?

How should I reply?!?

You'll be with CP then...

[tim123]

okay I worded it wrong, I meant to say that normally 'employees' in IT will expect to be asked to sign it, (they don't have to). If they don't however they can't go over the standard hours on a regular basis without the MSC getting into legal trouble, which is why many insist on it.

They cannot insist upon it, and they may not make you signing it a condition of them acting for you.

tim

[kirk]

I work for my own Ltd.

I've emailed back saying it does not apply.

Thanks y'all

[boredsenseless]

Why?

Why would someone on 50 quid per hour really want to work more than 48 hours per week on average? Do they not have a life?

tim

okay I worded it wrong, I meant to say that normally 'employees' in IT will expect to be asked to sign it, (they don't have to). If they don't however they can't go over the standard hours on a regular basis without the MSC getting into legal trouble, which is why many insist on it.

[meridian]

Why?

Why would someone on 50 quid per hour really want to work more than 48 hours per week on average? Do they not have a life?

tim

After a couple of years, 50 quid per hour at 48 hours per week can buy you a life!

HTH

[tim123]

However if you work in a Managed Service Company you are an employee and as such would normally sign the waiver to the WTD

Why?

Why would someone on 50 quid per hour really want to work more than 48 hours per week on average? Do they not have a life?

tim

[boredsenseless]

You only need to worry about WTD if you have a specific employment contract with yourco. If you do, then your employment contract needs to have an exemption in it (essentially, saying that you volunteer not to be bound by the WTD).

If you are a company director without an employment contract, then it does not apply, and that's what you should tell the agent.

However if you work in a Managed Service Company you are an employee and as such would normally sign the waiver to the WTD

[XLMonkey]

You only need to worry about WTD if you have a specific employment contract with yourco. If you do, then your employment contract needs to have an exemption in it (essentially, saying that you volunteer not to be bound by the WTD).

If you are a company director without an employment contract, then it does not apply, and that's what you should tell the agent.

[Cowboy Bob]

The working time directive does not apply to company directors/owners. That should be your reply.

[kirk]

Was asked by my EB today whether I have signed the Working Time Directive?

Why would I, it's my company?!?!?

How should I reply?!?