Guernsey's employment laws set out the rules for working hours, overtime, and rest periods to protect employees' well-being and ensure fair treatment. Understanding these regulations is crucial for employers to maintain compliance and foster a positive work environment. This guide provides a detailed overview of the key aspects of working time regulations in Guernsey as of 2025.
Standard Working Hours
Guernsey law does not specify a statutory "standard" work week in terms of hours. Instead, employment contracts typically define the normal working hours for a particular role. However, the law does set limits on maximum working hours to protect employees.
- Maximum weekly working hours: Generally, an employee should not work more than 48 hours per week averaged over a 17-week reference period.
- Opt-out: Employees can voluntarily agree in writing to work more than 48 hours per week. This agreement must be genuinely voluntary and the employee must be able to withdraw consent with a notice period.
Overtime Regulations and Compensation
While there is no statutory requirement to pay overtime, many employers in Guernsey do so, particularly for hours worked beyond the standard contractual hours.
- Overtime pay: Whether overtime is paid, and the rate of pay, is usually determined by the employment contract.
- Contractual terms: It is essential to clearly define overtime eligibility and rates in employment contracts to avoid disputes.
- Fairness: Even if not legally required, employers should consider fair compensation for employees who regularly work significantly beyond their contracted hours.
Rest Periods and Break Entitlements
Guernsey law mandates certain rest periods to ensure employee well-being and prevent fatigue.
- Daily rest: Employees are generally entitled to a minimum daily rest period.
- Weekly rest: Employees are also entitled to a minimum weekly rest period.
- Breaks during the day: While there is no statutory right to paid breaks, employees are usually entitled to a reasonable unpaid break if they work more than six hours.
| Type of Rest Period | Entitlement |
|---|---|
| Daily Rest | Minimum 11 consecutive hours in any 24-hour period |
| Weekly Rest | Minimum 24 hours in any 7-day period |
Night Shift and Weekend Work Regulations
Guernsey law provides some specific protections for night workers.
- Night work definition: Night work is generally defined as work performed during a set period, often between 11 PM and 6 AM.
- Health assessment: Employers may need to offer health assessments to night workers.
- Limitations: There may be limitations on the number of hours a night worker can work in a reference period.
- Weekend work: There are no specific regulations prohibiting weekend work, but employers should ensure employees receive their minimum weekly rest period.
Working Time Recording Obligations for Employers
Employers in Guernsey have a responsibility to keep accurate records of working time to ensure compliance with working time regulations.
- Record keeping: Employers must keep records of hours worked by employees to demonstrate compliance with maximum working hour limits and rest period requirements.
- Data retention: These records should be retained for a specified period, usually several years.
- Transparency: Employees should have access to their own working time records upon request.
- Compliance: Accurate record-keeping is essential for demonstrating compliance during labor inspections or in the event of a dispute.
