| Offshore Workers | Fri 19th August 2005 |
Trade Union Amicus has won a difinitive test case ruling that the Working Time Directive should be applied to all UK oil employees working offshore.
Amicus has campaigned over many years for its members in the offshore industry not to be exempted from the Working Time Directive. Now, an employment tribunal brought by the union has found in favour of offshore workers and ruled that the directive applies beyond the territorial waters and includes offshore workers.
Employers had argued that the directive only applied to the UK and waters within a 12-mile radius of the coastline. The companies involved are expected to appeal.
The European Commission had previously upheld Amicus's claim on application of the Working Time Directive for offshore workers, ruling that they, like other professions, are entitled to four weeks paid annual leave.
This new judgement has stated that the offshore workers pattern of one week on and one week off cannot be considered as a period of paid annual leave, and that offshore workers should be entitled to the full four weeks annual leave.
The working times of all offshore employees can be easily calculated with a good time and attendance system. It can calculate the number of days a worker has remaining of holiday, and is able to accurately log the amount of time a worker has spent at work during any particular period.