The EU Working Time Regulations

The EU Working Time Regulations, 1998, cover matters such as daily working hours, rest breaks and holiday entitlement. They only apply to workers and employees working under a contract, so organisations are not obliged to follow this piece of legislation when working with genuine volunteers.

In the Working Time Regulations, a worker is defined as:
an individual who has entered into or works under (or, where the employment has ceased, worked under) -
(a) a contract of employment; or
(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual

• Read the full text of the directive on the Office of Public Sector Information website (external link)

In order to be sure that the regulations do not apply to their volunteers, organisations need to ensure that they haven't created an 'implied' contract, as described in point b). Contrary to popular belief, a contract doesn't have to be a written piece of paper signed by both parties. A employment contract can simply be an arrangement where a payment is made in return for work.

Further information:

• Read the Good Practice Bank 'summary of legal issues involving volunteers'
• Read the Information Sheet on "The National Minimum Wage Act and Volunteers"
• Read chapter one of 'Volunteers and the Law' for more detailed information on volunteers and employment rights (now free to download from VE's website)
• Visit The Department of Trade and Industry's website (external link)