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EU flagIt is a commonly held misconception that the majority of our employment law is now dictated by Europe. Looking at the individual employment relationship, the degree of harmonisation is relatively limited outside a basic floor of rights, such as freedom from discrimination and the right to a minimum period of paid holiday. There is not even a requirement to stipulate a national minimum wage, though most member states have one. In theory, if there is a vote to leave, the UK government could repeal these rights.

The situation at present is that almost all workers are legally entitled to 5.6 weeks’ paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave.

Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks

Writing in H R Law Live   Sarah Barrett, who is a partner in the law firm Mills and Reeve,  said  on Statutory holiday pay: that  ‘Most employers provided paid holiday before the Working Time Directive was implemented in the UK in 1998. Removing this now universal entitlement would probably be too unpopular to contemplate. However limiting holiday pay to basic pay (currently ruled out by EU law) might be another matter.’

However Jason Heyes who is Professor of Employment Relations at the University of Sheffield. Said in an article for the Independent Newspaper, ‘For many in the Out campaign, the EU’s influence on UK employment rights amounts to intolerable meddling. Consecutive Conservative Party general election manifestos, for example, have promised to ‘repatriate’ powers over employment rights from Brussels to the UK. Until recently, the current government had implied that it would not support a continuation of the UK’s EU membership without an opt-out from EU legislation covering employment rights.

In the run up to David Cameron’s EU membership negotiations, it was widely reported that he would demand a full opt-out for the UK from the EU’s working-time directive and the agency workers directive.

In the end these demands were never made. They would have required substantial treaty changes that would never have been countenanced by the other 27 members of the EU.

Read the full article, click ; Why Brexit would be a disaster for your employment rights.

So you takes your choice as to who you believe, its all opinions. All we know for sure is that things will not change if we stay in and they could change if we leave.

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