Is it possible to employ a talent on a rotational schedule? Namely, 14 days on (12 hours/day) and 14 days off?
ANSWER: Yes. The contract will need to specify the working hours, shift patterns and pay rates. However, to avoid hourly calculations for payroll, we should keep the total hours consistent per week/ per month/ per annum so we can apply a flat monthly salary rate.
DETAILS: The average maximum is 48 hours a week over 17 weeks, but talents can opt out if they agree to work more than that, which would be respected.
In the UK, the standard working hours are usually 40h/week. However, an employee can work for up to 48h/week, averaged over 17 weeks. WorkMotion´s UK employment contract contains a clause that introduces "compulsory overtime", meaning that the employee has to work overtime of more than 48h/week when required. The employee can "opt out" of the 48-hour workweek by letting us know. An employee can take back their opt-out by adhering to the appropriate notice times and procedure.
EC clause:
You agree that you may work more than an average of 48 hours a week unless you notify us in writing at the time of signing this Agreement that you do not wish to do so. If you change your mind about the agreement to work for more than an average of 48 hours a week, you must give us three months’ notice in writing.
Alternative clause: You confirm that you do not agree to work more than an average of 48 hours per week and that you do not consent to opt out of the working time limit set out in the Working Time Regulations 1998.
For daily and weekly rest periods, the Working Time Regulations 1998 state that Talents must have:
11 hours rest period per day, and either
(a) two uninterrupted rest periods each of not less than 24 hours in each 14-day period during which he works for his employer; or
(b) one uninterrupted rest period of not less than 48 hours in each such 14-day period.
Source (if any): the Working Time Regulations 1998 + case 00232977