454 WRC 27.04 (3) Sleep Time and Shifts Explains sleep time requirements for employees who must work shifts of more than 24 hours. It is not legal to refuse to allow shop or betting workers to withdraw from Sunday work, whether for professional or other reasons. Can I unsubscribe from Sunday work as a waitress? In most industries, the answer is yes – as long as it`s in employees` employment contracts. However, special rules apply to employees who work in stores and betting stores. They have the right to withdraw from Sunday work by giving their employer a signed and dated notice of dismissal that takes effect after three months. In addition, retailers or betting companies must inform their employees of their right to object. One option might be to consider employing Sunday workers or temporary workers to cover Sundays. Workers who only work on Sundays cannot withdraw, and opt-out rules only apply to workers, so temporary workers are not included. A higher rate of pay and/or other incentives for Sunday work may also discourage employees from retiring.
Joanna Dodd, Senior Partner at Clarion, answers employers` questions about the Sunday Work Act. What happens if employers do not inform employees of their right to withdraw from Sunday work? The additional remuneration for weekends or nights is a matter of agreement between the employer and the employee (or his representative). The RSA does not require additional pay for weekend or night work or double pay. For the purposes of the Sunday work rules, a «store» includes all premises where a retail business or business is carried on. Therefore, hairdressers, beauty salons and many other trades fall under this definition and employees have the right to withdraw from Sunday work. An employer who employs store or betting workers must send a statement to these employees informing them of their right to withdraw from Sunday work. This declaration must be in a specific format and sent within two months of the start of the employee`s work. Can an unregistered store or wetter opt for Sunday work again? Does the right of traders and betting workers to withdraw from Sunday work depend on uninterrupted employment? If a salesperson or bettor speaks out against Sunday work, is the employer obliged to offer alternative working hours on other days of the week? What happens if the majority of employees withdraw from Sunday work so that companies cannot work on weekends? Should employees receive a higher rate of pay for Sunday work? In other cases with different circumstances, a court may find that the obligation of all staff to work on Sundays is not justified and constitutes indirect discrimination. Accordingly, any employer who is confronted with an employee who requests to be exempted from Sunday work for religious reasons is advised to consider whether or not there are ways to comply with that request, rather than simply rejecting it. There is no obligation for an employer to pay employees a bonus for working on a Sunday. However, if the employer wants to limit the number of employees who retire, a higher rate of pay could help. What makes a company within the meaning of the Sunday Work Regulation? Special rules apply to the sale of alcoholic beverages.
Otherwise, the following rules apply: Some retail stores operating on Sundays are subject to the following two restrictions: A recent case involving a children`s dormitory concluded that the obligation for all employees to work on Sundays was objectively justified and therefore legal. In this case, the court found that the requirement was appropriate because the home had to ensure that there was an appropriate gender ratio and seniority for each shift, provide a cost-effective service, and ensure continuity of care for the children. In addition, the court found that the employer had tried to arrange shifts so that the plaintiff could go to church on Sundays. *Payment of a premium is only required if the retailer employs more than seven (7) employees, including the owner. In general, most types of non-retail businesses can operate on the following holidays without permission or restriction: In general, businesses other than retail cannot operate on Sundays unless they fall under one of the exceptions. .