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Working Time Regulations
The working time regulations 69SI 1998/1833 is a statutory instrument in UK labour law which implements the EU Working Time Directive 2003. It does not extend to Northern Ireland. Contents The Working Time Regulations create a basic set of rights for the time people work, particularly 28 days paid holidays, a right to 20 minute paid breaks for each 6 hours worked, a right to weekly rest of at least one full 24 hour period, and the right to limit the working week to 48 hours. These are designed to be minimum standards, which anybody's individual contract or collective agreement through a trade union may improve upon. The Regulations apply to all workers (not just employees) and stipulate minimum rest breaks, daily rest, weekly rest and the maximum average working week. Paid holidays Regulations 13 and 13A create a right to paid annual leave of 28 days, expressed as "four weeks" and an additional "1.6 weeks" (including bank holidays and public holidays). In the Working Time Dir ...
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Statutory Instrument
In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instruments (or 'regulations') are primarily governed by the Statutory Instruments Act 1946, which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893. Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.
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Landeshauptstadt Kiel V Jaegar
''Landeshauptstadt Kiel v Jaegar'' (2003C-151/02is a European labour law case concerning the EU Working Time Directive. Facts A doctor remained on call between shifts and was given a room to sleep in at the hospital. The collective agreement said the average time working when on call (periods between 16 and 25 hours) should not exceed 49% of the on call period. Dr Jaeger argued that all on call time should be regarded as working time. The Bundesarbeitsgericht asked for a preliminary ruling, asking whether under art 3 and art 6 of 93/104/EC time spent on call was working time (as implemented by the Law on Working Time 1994 §5 III in Germany). The law said Dr Jaeger had to stay at work, but could sleep there if not required to work. On average, Dr Jaeger did spend 49% of his time on call. The time spent inactive was deemed to be a rest period. Judgment The European Court of Justice held that all time he was required to be at the hospital, even when sleeping, was to be regarded as w ...
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Statutory Instruments Of The United Kingdom
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications ha ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Wage Regulation
Wage regulation refers to attempts by a government to regulate wages paid to citizens. Minimum wage Minimum wage regulation attempts to set an hourly, or other periodic monetary standard for pay at work. A recent example was the U.K. National Minimum Wage Act 1998. Germany is currently debating whether to introduce its own. Collective bargaining Collective agreements between trade unions and employers can regulate wages of workers according to the needs of the business. Arbitration Arbitration involves makes collective agreements between trade unions and employers legally binding and mediated through a state appointed judge or magistrate. Economic labour theory An economic analysis of the law holds very simply that any intervention in a contract between two parties creates an inefficient labour market. Wages kept artificially high, by imposing any administrative or monetary costs on employers distorts the labour market equilibrium. For a national economy in a globalised world ...
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Working Tax Credit
Working Tax Credit (WTC) is a state benefit in the United Kingdom made to people who work and have a low income. It was introduced in April 2003 and is a means-tested benefit. Despite their name, tax credits are not to be confused with tax credits linked to a person's tax bill, because they are used to top-up wages. Unlike most other benefits, it is paid by HM Revenue and Customs (HMRC). WTC can be claimed by working individuals, childless couples and working families with dependent children. In addition, people may also be entitled to Child Tax Credit (CTC) if they are responsible for any children. WTC and CTC are assessed jointly and families remain eligible for CTC even if where no adult is working or they have too much income to receive WTC. In 2010 the coalition government announced that the Working Tax Credit would, by 2017, be integrated into and replaced by the new Universal Credit. However implementation of this has been repeatedly delayed and will not be finished unt ...
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Child Tax Credit
A child tax credit (CTC) is a tax credit for parents with dependent children given by various countries. The credit is often linked to the number of dependent children a taxpayer has and sometimes the taxpayer's income level. For example, in the United States, only families making less than $400,000 per year may claim the full CTC. Similarly, in the United Kingdom, the tax credit is only available for families making less than £42,000 per year. Germany Germany has a programme called the which, despite technically being a tax exemption and not a tax credit, functions similarly. The child allowance is an allowance in German tax law, in which a certain amount of money is tax-free in the taxation of parents. In the income tax fee paid, child benefit and tax savings through the child tax credit are compared against each other, and the parents pay whichever results in the lesser amount of tax. United Kingdom In the United Kingdom, a family with children and an income below about ...
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Tax Credit
A tax credit is a tax incentive which allows certain taxpayers to subtract the amount of the credit they have accrued from the total they owe the state. It may also be a credit granted in recognition of taxes already paid or a form of state "discount" applied in certain cases. Another way to think of a tax credit is as a rebate. Refundable vs. non-refundable A refundable tax credit is one which, if the credit exceeds the taxes due, the government pays back to the taxpayer the difference. In other words, it makes possible a negative tax liability. For example, if a taxpayer has an initial tax liability of $100 and applies a $300 tax credit, then the taxpayer ends with a liability of –$200 and the government refunds to the taxpayer that $200. With a non-refundable tax credit, if the credit exceeds the taxes due then the taxpayer pays nothing but does not receive the difference. In this case, the taxpayer from the example would end with a tax liability of $0 (i.e. they could mak ...
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WTD 2003
Working Time Directive''2003/88/ECis a European Union law Directive and a key part of European labour law. It gives EU workers the right to: *at least 28 days (four weeks) in paid holidays each year, *rest breaks of 20 minutes in a 6 hour period, *daily rest of at least 11 hours in any 24 hours; *restricts excessive night work; *at least 24 hours rest in a 7 day period; *a right to work no more than 48 hours per week, unless the member state enables individual opt-outs. It was issued as an update on earlier versions from 22 June 2000 and 23 November 1993. Since excessive working time is cited as a major cause of stress, depression, and illness, the purpose of the directive is to protect people's health and safety. A landmark study conducted by the World Health Organization and the International Labour Organization found that exposure to long working hours is common globally at 8.9%, and according to these United Nations estimates the occupational risk factor with the larg ...
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Lyons V Mitie Security Ltd
Lyon,, ; Occitan: ''Lion'', hist. ''Lionés'' also spelled in English as Lyons, is the third-largest city and second-largest metropolitan area of France. It is located at the confluence of the rivers Rhône and Saône, to the northwest of the French Alps, southeast of Paris, north of Marseille, southwest of Geneva, northeast of Saint-Étienne. The City of Lyon proper had a population of 522,969 in 2019 within its small municipal territory of , but together with its suburbs and exurbs the Lyon metropolitan area had a population of 2,280,845 that same year, the second most populated in France. Lyon and 58 suburban municipalities have formed since 2015 the Metropolis of Lyon, a directly elected metropolitan authority now in charge of most urban issues, with a population of 1,411,571 in 2019. Lyon is the prefecture of the Auvergne-Rhône-Alpes region and seat of the Departmental Council of Rhône (whose jurisdiction, however, no longer extends over the Metropolis of Lyon sin ...
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Sindicato De Médicos De Asistencia Pública V Conselleria De Sanidad Y Consumo De La Generalidad Valenciana
''Sindicato de Medicos de Asistencia Publica v Conselleria de Sanidad y Consumo de la Generalidad Valenciana'' (2000C-303/98is a European labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998. Facts The Spanish legislation that implemented the Working Time Directive applied only to private sector workers. The question was if Spanish doctors in the '' Sindicato de Médicos de Asistencia Pública'' were engaged in public sector work described as in regulation 18(2)(a) (now updated through Article 17), which gave examples of the armed forces and police. Judgment The European Court of Justice held that health care workers could not be ‘assimilated to such activities’ to fall within the exception for essential public sector workers like the armed forces. According to the general principles of construction, ‘it is clear both from the object of the basic Directive, namely to encourage improvement in the safety and health of w ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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