Err Workbook

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ERR: Employment Rights and Responsibilities

As part of your Apprenticeship/NVQ you need to learn and have an understanding about Employment Responsibilities and rights (ERR).

This involves knowing about the laws relating to you and your employers responsibilities and rights in the work place.

Why do you need to know about ERR?

You need to know about laws that you and your employer have to follow. If you do not follow these laws you and your employer may end up in serious trouble. Therefore knowing about the law will protect your personal safety, your job and your employers business.

If you know about these laws that relate to you as an employee, you will be confident in the work you are doing, but if something did go wrong, you know what to do and who to speak to.

If you need help with any of the following questions speak to your manager or assessor for guidance.

Read this information on the Working Time Directive

Working Time
The Working Time Regulations 1998 came into force in October 1998. The Regulations were amended, with effect from 1 August 2003, to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations applied to junior doctors from 1 August 2004.

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 night workers 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 4.8 weeks paid leave per year (24 days if you work a five day week), this will further increase to 5.6 weeks (28 days if you work a five day week from 1st April 2009) 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, plus four weeks paid annual leave. Following a period of public consultation, the following changes for young workers will take effect in 2003:

Working time to be limited to eight hours a day and 40 hours a week. Prohibition of night work between 10pm and 6am or between 11pm and 7am, derogations from the working time limit and night-work prohibition permitted in specific circumstances, and in the case of the night-work prohibition, specific sectors.

Workers may complain to an employment tribunal, if they are being denied rest periods, breaks or the paid annual leave entitlements. Working time and night work limits are enforced by the Health and Safety Executive and Local Authorities.

Employees may complain to an employment tribunal of unfair dismissal, regardless of their length of service, if they are dismissed for exercising rights under these regulations; and workers who are not employees may complain that they have suffered a detriment if their contracts are terminated for this reason. Both employees and workers who are not employees are also protected from other detrimental action or deliberate inaction by their employer.

What is your holiday entitlement?

What provisions are there to limit the working hours of people ages 16-17?

What do you do if you are being denied rest periods, breaks or paid annual leave entitlements? Read this information on the National Minimum Wage

National Minimum Wage

The National Minimum Wage has increased again from October 2009. The minimum wage is a legal right which covers almost all workers above compulsory school leaving age. There are different...
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