LUCENA USE Security Officer asks the non-imposition of "African Time." LUCENA USE
By this, the union section of the FEP-USE in the city of Lucena, in relation to the proposed implementation, by that Delegation , the so-called "African Time" we stated as follows:
Africa's turn (late morning / evening, outgoing, free, free), goes against as dictated by the International Labour Organization, according to Convention 171, Recommendation 178, the Statute of Workers, Civil Service Basic Statute and the Agreement for regulating the relations between the Hon. Lucena City Council and Staff to Service. Demonstrated
and acquaintances are the effects on health and welfare caused by the shift work:
. Gastrointestinal disorders.
. Loss of appetite.
. Sleep disturbance.
. Nervous Disorders.
. etc.
and within our collective
. Increased number of errors.
. Reduction of working efficiency.
. Decreased ability of control.
. Absenteeism. Etc. To Avoid
is not possible, but prevent or mitigate them, and for that we should only implement the agreements and legislation in force.
1 º RECOMMENDATIONS ON THE NIGHT WORK OF THE INTERNATIONAL LABOUR ORGANISATION.
Convention 171. Recommendation 178
Held in Geneva on 06/26/1990
II .- DURATION OF WORK AND REST PERIODS.
4. 1) The normal hours of night workers should not exceed eight hours during any twenty-four hours in which work at night, except where important periods comprising mere attendance or stand, (obviously the police for service turns to not do this kind of function), where they have established schedules give workers protection at least equivalent during different periods or in cases of exceptional circumstances recognized by collective agreements or, failing that, by the competent authority.
2) The normal hours of night workers should generally be lower on average, and in no event exceed an average of the duration established for the workers performing the same work day with the same requirements in the industry or company concerned.
3) Night workers should enjoy at least the same extent as other workers, general measures aimed at reducing the normal working week and increase the number of days paid vacation.
5. 1) Work should be organized so that, as far as possible avoid night workers work overtime before or after a day of work where night work was carried out.
2) In occupations involving special risks (the police involved) or a physical or mental effort, night workers should not perform any additional hour before or after of a working day in which night work was made , except in cases of force majeure or of actual or imminent injury.
6. When shift work involving night work:
a) in any two consecutive shifts should be made full time, except in cases of force majeure or of actual or imminent accident;
b) should ensure as far as possible, a break of at least eleven hours between shifts. (This goes against the 7 hours offered by the African shift between the morning shift and the night made the same day)
7. The working days in which there has been night work should include one or more breaks to allow workers to rest and feed. In setting the schedules and the total duration of these breaks should take into account the requirements that the nature of night work for workers behave.
2 Royal Decree 1 / 1995 of 24 March, approving the text of the Law on the Statute of Workers.
Section V. Working Time
Article 34. Jornada.
1. The length of the working day will be agreed in collective agreements or employment contracts.
The maximum duration of ordinary working hours shall be forty-hour work week effective average annual total.
2. By collective agreement or, failing that, by agreement between the employer and employee representatives, it may provide the irregular distribution of the day throughout the year. This distribution shall always respect the minimum periods of daily and weekly rest provided in this Act
3. Between the end of a day and the beginning of the next half, at least twelve hours.
The number of ordinary hours of actual work shall not exceed nine a day, unless a collective agreement or, failing that, an agreement between the company and representatives of workers, establishing a different distribution of daily work, always respecting rest between rounds.
3rd Law 7 / 2007 of April 12, the Basic Statute for Civil Servants.
Article 3. Personal staff of local entities.
1. official staff of local entities is governed by state law is applicable, as part of this Statute, and the law of the Autonomous Communities, with respect to local autonomy.
2. Local Police Forces are also governed by this Statute and the law of the Autonomous Communities, except as set out for them in the Organic Law 2 / 1986 of 13 March, the Security Forces.
Article 47. Working day of public officials.
The government set the general and special day of work of its officials. The work day may be full time or part time.
From the above deduce the following: the Civil Service Basic Statute does not develop the working hours of civil servants, therefore, we must turn to the agreements, or legislation on the subject. Likewise, the personnel of local bodies is governed not only by this statute, but by state law that is applicable , such as the Royal Decree 1 / 1995 of March 24 on the approving the revised text of the Statute Law Workers . Especially to the legal vacuum left by the aforementioned EBEP.
Finally I refer to Rule 28. Hours of the Framework Agreement that HE Hall, which is regulated and
specify very clearly the shift rotation system to be made by local police in this town. Shift system that does not contradict existing legislation or the recommendations on night work of the International Labour Organization, Convention 171, Recommendation 178,
since between work days elapse than recommended.
4 th FRAMEWORK AGREEMENT FOR REGULATING
RELATIONSHIP
HE . LUCENA CITY COUNCIL AND STAFF AT YOUR SERVICE
Article 28. Working hours.
... 2 - Members of Local Police Corps, will also
the same working hours as other workers
Hall (1582 hours per year), but given the nature of this service
will carry out their day according to the schedule and work regime
shown then offsetting excess
day-if break-through,
as described in Article 27.2, or payment on
productivity, on the proposal of Councillor
Public Safety and report of the Monitoring Committee
of it.
a) Head: Perform the same day
annual total of hours that they have been assigned
Operating Services, adapting, according
for distribution to the needs of the service, in coordination with the Delegation
Public Safety.
b) General Services: Includes services
Secretariat Head, Archive,
Reports, Safety of the Town Hall,
Vehicle Maintenance, Maintenance of signs, cleaning units
and Children's Traffic Park. Jobs
attached to these services, made
their working hours Monday to Friday, 8.00 pm to 15.00 pm or 15.00 pm
to 22 pm, as appropriate, including holidays
national, regional, local, and nonworking
established in this Framework Agreement (a total of 17 annual public holidays).
c) Operational services: These include services
Traffic, crowded,
Guard Inspection, Warehouse Detainee Operations Room, Security
Citizen Green Patrol, District Police and Crane Service. Jobs
attached to these services, conduct their day
labor "correturnos' five-day cycle and
the following schedule:
- First day: Morning shift of 06.00 h. to 14.15 hours.
- Second day, swing shift, from 14.15 h. to 22 hours.
- Third day: night shift, from 22.00 h. to 06.00 hours.
- Day: Night Shift outgoing.
- Fifth Day: Time to rest.
These shifts will extend their hours ahead of schedule
into fifteen minutes in order to make the relay properly
shift change, considering this period
as actual working time as provided in Article 27.6
of this Framework Agreement.
When you have the need for extraordinary services,
they will be covered, if afternoon or evening, by members
shift outgoing that day night, and if you are
morning, members of the shift rest of that day.
For all the foregoing, this Section Association rejects the implementation of the shift rotation system called "African", considering it illegal and harmful to health, welfare, and family reconciliation.
Also ask legal opinion on the legality of a shift system, where between day and half day time off work than 8 hours.
also require that delegation, to inform us if we can force the break between sessions.
Lucena October 6, 2010.
The delegate of the FEP-USO at the local police.