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10 March, 2008
Late in February, a 150-page judgement by an Employment Tribunal in Aberdeen, UK, granted offshore oil and gas workers 14 days of paid holidays under the European Union’s Working Time Regulations.
The ruling puts to rest a four-year battle between UK unions and the industry group, Oil and Gas UK, in which employers were trying to count break time while working offshore toward the four-week holiday entitlement.
Amicus, the predecessor to UK’s largest union, ICEM affiliate Unite, brought the case before the tribunal on behalf of 500 workers, who filed claims for added holiday pay entitlements. The effects of the ruling, however, will give two weeks of extra holiday pay to some 25,000 workers, mostly drillers, sub-sea workers, catering and other service staff.
An agreement between Amicus, GMB Union, and the Offshore Contractors Association last year gave 10,000 other offshore workers involved in the production process four weeks’ paid leave. This ruling covers other offshore workers and is significant because paid leave must be granted to workers when they are offshore, not during periods when they are onshore between work shifts.
North Sea workers generally work two weeks offshore, before getting two weeks onshore leave. The ruling states that workers are entitled to the paid holidays, which on the pro rata basis out of four weeks’ work, is equivalent to 14 days of paid annual leave under the EU’s Working Time Directive.
“Paid holidays for offshore workers are no longer a gift from employers, but a legal right,” said Unite Regional Officer Graham Tran. He called on offshore operating companies not to appeal the ruling, which could drag the issue on for another five years. “I call on all companies operating offshore to accept this ruling and to meet with the recognised unions to discuss how best to implement the ruling,” said Tran.