CIPP Payroll Reference Book 2021-22_v1_210701_MemberOnly

Worker Registration Scheme

WORKER REGISTRATION SCHEME The Worker Registration Scheme applied to most nationals of the A8 EU member states from 1st May 2004 to 30th April 2011. The eight nations entering the EU on 1st May 2004, known as the A8 Nations, were - Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. A worker was required to register if intending to work for an employer for more than one month, and, then having worked legally in the UK for 12 months without a break, had full rights of movement and was entitled to receive an EU residence permit in confirmation of their status. Nationals of Cyprus and Malta working in the UK were exempt and they could apply for a residence permit immediately. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS In order to meet the requirements of the UKs exit from the EU, a new settled status scheme has been implemented, an application process for which is available on the Gov.uk website. This allows EU workers, including those living and working in the UK under various other schemes to apply to remain in the UK and this will run until 30th June 2021. Any EU citizen who fails to successfully apply for settled status in time will then have to comply with the rules applicable to standard immigration. WORKER AUTHORISATION SCHEME Bulgaria and Romania, known as the A2 Nations, entered the EU On 1st January 2007 and, with specific and limited exceptions, were subject to additional provisions which are restricted to nationals of these two countries alone in respect of working in the UK, as permitted numbers are subject to quota. These restrictions ended on 1st January 2014. When Croatia joined the EU in July 2013 the same restrictions were extended to Croatian nationals who must hold a worker authorisation card. As with all other matters relating to a worker’s right to live and work in the UK, new systems and processes are in place to deal with status now that the UK has left the EU. Some details, however, remain to be determined. WORKING TIME REGULATIONS The Government adopted the European Working Time Directive in 1998. The 1998 Working Time Regulations apply to all workers who are over school leaving age. Enhanced regulations applied to young workers until the 2003 regulations when they were fully incorporated into the WTRs. Prior to 25th October 2001 the regulations only applied to employees who had a contractual relationship for 13 weeks or more with their employers. The objective is to allow flexible working underpinned with minimum standards. Workers will have the recourse to an Employment Tribunal where they are not treated within the principles of the Directive. Provisions • a maximum working week of 48 hours, subject to opt-out rules • a minimum of 11 hours rest per day • a break where more than 6 hours continuous working is planned • restriction on night working • a minimum of 4 weeks’ paid annual leave (3 weeks in 1998) excluding bank holidays from 1st April 2009 (4 weeks including bank holidays prior to that date - see below) • a minimum rest period of 1 day a week for adults (2 days for adolescents). No printing, copying or reproduction permitted.

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