New guidelines came into force on 6 April 2003 governing the amount of time that operatives under the age of 18 are allowed to work each week. The Working Time (Amendment) Regulations 2002 have been introduced as part of the Young Workers' Directive.

Under the new regulations young operatives should not work more than 40 hours per week or eight hours each day unless the following circumstances apply:

  • the employer requires that the operative undertakes work that is necessary either to maintain continuity of service or production, or to respond to a surge in demand for a service or product;
  • no adult worker is available to perform the work;
  • performing the work would not adversely affect the young worker's education or training.

The regulations also restrict young operatives from working night shifts, which are defined as: between 10 pm and 6 am; or 11 pm to 7 am.

Members who employ apprentices under the age of 18 on sites where the standard week is longer than 40 hours and/or the working day is longer than eight hours may be affected.

The ECA has met with representatives of the DTI to stress the importance of reasonable flexibility for young apprentices that work on site. These talks are continuing.

For more information go to www.legislation.hmso.gov.uk/si/si2002/20023128.htm