Select Committee on European Union Written Evidence


Annex 1

Workforce Agreement for the Purposes of the Working Time Regulations 1998

  Between:

  Simons Group ("the Company")

  and

  The undersigned Representatives of Employees within the Company.

  1.  The commencement date of this Agreement is 1 April 1999.

  2.  The parties to this Agreement confirm that

    2.1  This Agreement is a Workforce Agreement within the meaning of the Working Time Regulations 1998 ("the Regulations").

    2.2  The undersigned Representatives were duly elected Representatives of all Employees within the Company within the meaning of the Regulations.

  2.3  Prior to the date of this Agreement the Company provided the Employees within the aforesaid Company with copies of the text of this Agreement and to such guidance as they might reasonably require in order to understand it fully.

  3.  It is hereby agreed that:

    3.1  This Agreement shall apply to all those employees within the Company at any time during the currency of this Agreement.

    3.2  The reference period under Regulations 4 and 6 for the calculation of average weekly hours and night workers average normal daily hours shall be consecutive periods of 52 weeks each starting immediately on the end of the previous period and the first starting on 1 October 1998. The parties to this Agreement consider that there are valid objective or technical reasons or reasons concerning the organisation of their work which necessitate the aforesaid 52 week reference period.

    3.3  With regard to Regulation 6(1) a night worker's average normal daily hours may exceed eight in every 24 hours.

    3.4  With regard to Regulation 6(7) a night worker's hours may exceed eight in every 24 hours notwithstanding that the work involves special hazards or heavy physical or mental strain.

    3.5  With regard to Regulation 10(1) there shall be no set daily rest period for adult employees.

    3.6  With regard to Regulation 11(1) and 11(2) there shall be no set weekly rest period for adult employees.

  3.7  Notwithstanding the provisions of clauses 3.3 to 3.6 inclusive herein an employee shall be entitled to an equivalent period of compensatory rest as soon as is reasonably practicable.

  4.  This Agreement shall have effect until 31 March 2004.

Signed: Dated: ..............................................
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on behalf of the Company
Signed:
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by the elected representatives Dated: ..............................................


  Definition—The term "Employee" in this document comes under paragraph (a) of the defined term "Worker" as set out in the Working Time Regulations 1998.



 
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