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European Working Time Directive
EWTD
- Directive issued in 1998
- Covers all employed staff in EU
- Designed to improve health and safety by regulating the number of hours that employees can work
- Only those who are not employed (eg self employed) or who opt out are exempt
- Until 2004 junior doctors were exempt from EWTD - practical solution for implementation for a 5-year implementation that (1) by 2004 - 58 hour maximum (2) 2007 - 56 hour maximum (3) 2009 48 hour maximum
Key Points to the EWTD
- Minimum of 4 weeks paid annual leave
- Minimum of 11 hours continous rest in every 24 hour period
- Minimum of 20 minutes break after every 6 hours worked
- Minimum period of 24h continous rest in every 7 day period
- Maximum of 8 hours work in each 24 h for night workers
SiMap (2000) and Jaeger (2003) judgements by the European Court of Justice regarding the status of work done whilst on call
- Any time spent as resident on call should count towards the 48 hours (whether actively working or not); if off-site on call, only the time spent actively dealing with patients or related matters would count towards the 48h limit
- If the requirements of the EWTD cannot be met (eg for an emergency) then you are entitled to compensatory rest
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Other Implications
- Greater numbers of doctors needed (medical school expansion, increased recruitment)
- Implement New Ways of Working (new staff roles, physicians assistants), reconfigure services
- Optimise the allocation between day and night care
- Build greater efficiency in patient care
- Need to alter training requirements and provision