Law and Business Project: EU Legislation on Night Work and Regulation

This report provides an overview of the background of legislation and the regulation of night work, focusing on the roles of key institutions within the European Union. It examines the European Commission, the Council of Ministers, and the European Parliament, detailing their responsibilities in the legislative process. The report further explores the regulation of night work, comparing EU directives with UK regulations and analyzing their compatibility. It also covers the legislative procedures, budgetary powers, and supervisory functions of the European Parliament. The report concludes with a declaration summarizing the laws and regulations discussed, offering a comprehensive analysis of the subject matter. The main body of the report provides detailed insights into the structure and function of these legislative bodies, along with the practical application of law in the business context.

LAW AND BUSINESS
PROJECT

INTRODUCTION.........................................................................................................................3
MAIN BODY..................................................................................................................................3
BACKGROUND OF LEGISLATION........................................................................................3
Role of European Commission....................................................................................................3
Role of Council of Minister.........................................................................................................5
Role of European Parliament.......................................................................................................6
REGULATION OF NIGHT WORK...........................................................................................7
DIRECTIVE................................................................................................................................7
UK regulation..............................................................................................................................7
Compatibility between directive and regulation..........................................................................8
Declaration...................................................................................................................................8
CONCLUSION..............................................................................................................................9
REFRENCES...............................................................................................................................10

INTRODUCTION
Law is one of the most important part of society that is important for a society to
maintain discipline and order in it. These are also considered to be one of the most important
element which helps in controlling of crime within a country. They cover various aspects of
society like which includes crime, theft, battery and assault. Business projects are those project
that is being formed to achieve goals and objectives that has been set by an organization. In this
file things that has been covered is based on background of legislation and regulation of night
work. This file includes role of European commission, council of minister. Further in the file
directive and regulation has to be explained. In the end declaration has to be given over the laws
that has to be explained.
MAIN BODY
BACKGROUND OF LEGISLATION
Role of European Commission
European commission is there within the EU’s Political independent executive arm. This
is responsible for making all kind of changes and has also lead to over formation of legislation in
Europe and its makes implementation of any decision of European parliament and also Council
of EU. European Commission has been considered as an executive branch of European Union
and they are responsible for proposing legislation, implementing of decision. Also deal with EU
treaties and managing there day to day business activities taking place in EU. This commission
consists of and commissioner who takes oath in the European Court of Justice. It has the duty to
respect treaties and has to be on biased in carrying out the duties given to him are mandatory to
be followed by him (Hinsey, 2017). They are being selected by the Council of European Union
on the basis over which suggestion is being made by national government and also European
Council. After approval that has been made over European parliament. Further the work that is
being done by the commission is being discussed as follows:
Proposes new laws it is the responsibility of the Commission to make new laws. Being
member of EU it is very important for new law to be adopted or discussed in the parliament.
Also various other things are there which is being handled by the council that is:
 Protect the interests of the EU and its citizens on issues that can't be dealt with effectively
at national level
 Get technical details right by consulting experts and the public
 Manages EU policies & allocates EU funding
 Sets EU spending priorities, together with the Council and Parliament
 Draws up annual budgets for approval by the Parliament and Council
 Supervises how the money is spent, under scrutiny by the Court of Auditors

 Enforces EU law together with the Court of Justice, ensures that EU law is properly
applied in all the member countries
Represents the EU internationally
Also speakers on behalf of EU and its members present themselves at international level and deal
with international bodies within the trade area policy and also sees that humanity is not being
harmed because of the international policies in their respective state and country. Also they are
helping out with negotiations upon international agreements of (EU Hansen, 2016).
The work that is being performed by its commission and its various members has been
explained as follows:
Strategic planning it is one of the most important function as directly the President defines about
direction that has been formed to make policies. It makes Commissioners to decide about
objectives and strategic to be applied in formation of policies or giving it final shape.
Collective decision making
Decisions are taken based on collective responsibility. All Commissioners are equal in
the decision-making process and equally accountable for these decisions. They do not have any
individual decision-making powers, except when authorized in certain situations.
The Vice-Presidents act on behalf of the President and coordinate work in their area of
responsibility, together with several Commissioners. Priority projects are defined to help ensure
that the College works together in a close and flexible manner. Commissioners support Vice-
Presidents in submitting proposals to the College. In general, decisions are made by consensus,
but votes can also take place. In this case, decisions are taken by simple majority, where every
Commissioner has one vote.
Director General then takes up the subject and answer it to the commissioner. All this sis
present in the form of proper draft of legislative policies and proposals. Such draft contains
proper and precise information regarding polices. These are then resubmitted to the
Commissioners for adoption at their weekly meeting, after which they become official, and are
sent to the Council and the Parliament for the next stage in the EU legislative process. Also the
council holds responsibility of lower house and it is the duty of Prime Minister to make
communication with the President in all decisions which has been taken by Council of Minister.
Relating to administration and affairs of Union with information relating to legislation.
Role of Council of Minister
Council of Minister are those important person which are members of the cabinet and are
given power to form policies regarding various aspects of society and to control crime. Role that
is being performed by all the members of Council is being explained as follows:
President
The president is that member who is elected after following proper electoral procedure
and voting is being done by members of both the houses that is House of Commons and House

of Lords. It is being done according to rules that has been described under constitution of a
country. It helps in securing of uniformity within both central and state government. This process
helps in generating uniformity in voting that is being done by members. President should be
citizen of UK and should not be less than 35 years of age for qualifying election norms. He
should have also been part of both the houses. He holds office for a period of 5 years and can
retain if eligible for voting. His removal from the office without completing his term can only be
done according to rules which has been prescribed under constitution of UK. In his absence
Vice-president holds office.
Vice-President
The vice president is being elected by members of council through electoral process
given under constitution. In this both houses of parliament should be representing through means
of single transferable vote. As per this he should be the citizen of respective country should be 35
years of age and eligible for elections in upper house. His term is also 5 years and is eligible for
re-election. In order to remove him proper procedure is required to be followed prescribed under
constitution. The Vice-President is ex-officio Chairman of the House of Lords and acts as
President only when President has been removed or is not able to perform functions or duties. If
the vacancy is being caused by the death of the person, resignation or removal. Also he acts as
Chairman of upper house.
Council of Ministers
The Council of Minister is being headed by Prime Minister and role performed by him is
advice and discussion over policies formation. Also ministers of cabinet is having power to form
policies relating to department that has been assigned to them and analysis its day to day impact
over society. Also further appointment and information passed is being only after advice of
Prime Minister. The Council is collectively responsible for lower house. It is the duty of the
Prime Minister to communicate to the President all decisions of Council of Ministers relating to
administration of affairs of the Union and proposals for legislation and information relating to
them. The Council of Ministers comprises Ministers who are members of Cabinet( Bowley,
2020)
Role of European Parliament
The parliament of European is one of those three elements of legislative branch in
European and is related to seven institution of it. Also together council of European Union and
has been adopted by European legislation due to the proposal that has been passed by European
Commission. Parliament of UK comprises of 705 members. Also parliament represents and is
considered to be second largest democratic nation of world. In the year 1979 it has been directly
elected every five years by European Union citizens by using universal suffrage. Voter
turnout for parliamentary elections has decreased at each election after 1979 until 2019, when the
voter turnout increased by 8 percentage points and went above 50% for the first time
since 1994. Voting age is 18 in all member states except Malta and Austria, where it is 16, and
Greece, where it is 17. Parliament of Europe is part of legislature which plays important role in
law making and also follow process of EU with it.

All laws that has been proposed and are being approved by the parliament of UK and
council of European Union has become a law which has helped in providing base towards
modern judiciary system existing in UK. Parliament of UK consists of 705 seats and are being
elected through elections. All members are having term of 5 years. It is a directly elected body
within European Union. Parliament is based on Brussels, Luxemburg and Strasbourg.
Role that is being played by various parts of parliament has been explained as follows:
Legislative procedure
In this kind of process new treaty that has been signed only by using parliament in
relation to role in Union Legislative procedure that has been expanded. Procedure that is being
followed by parliament is being creating dominance and also council is involved to form policies
under it. As per the procedure Commission presents a proposal in front of parliament. This is
done to help in forming laws both of them is required to agree over draft presented through
following of a three reading process. The first reading of parliament only bill is presented and in
the second reading discussion takes place. Third reading is done after amendment if required to
be done.
Budget
The legislative branch officially holds the Union's budgetary authority with powers gained
through the Budgetary Treaties of the 1970s and the Lisbon Treaty. The EU budget is subject to
a form of the ordinary legislative procedure with a single reading giving Parliament power over
the entire budget (before 2009, its influence was limited to certain areas) on an equal footing to
the Council. If there is a disagreement between them, it is taken to a conciliation committee as it
is for legislative proposals. If the joint conciliation text is not approved, the Parliament may
adopt the budget definitively (Adewusi, 2020).
Control of the executive
In this President of European Commission that has been proposed by Council is based on
European elections of parliament. Such proposal is being approved by parliament and president
is being elected after these election only. Approval over such decision has to be done by
Commission President and members in commission is being proposed through President in
accordance with all members of cabinet. Commissioner is required to come before parliamentary
committee in relevant manner. Then only a particular bill or draft is being accepted or rejected
by parliament.
Supervisory powers
The Parliament also has other powers of general supervision, mainly granted by
the Maastricht Treaty. The Parliament has the power to set up a Committee of Inquiry, for
example over mad cow disease or CIA detention flights – the former led to the creation of
the European veterinary agency. The Parliament can call other institutions to answer questions
and if necessary to take them to court if they break EU law or treaties. Furthermore, it has
powers over the appointment of the members of the Court of Auditors and the president and

executive board of the European Central Bank. The ECB president is also obliged to present an
annual report to the parliament
REGULATION OF NIGHT WORK
DIRECTIVE
In UK the regulation of working in night is that staff who is working on regular basis in
night time should only work for 3 hours. Night time period that has been presented by the
government id 11pm to 6 am unless an agreement is being made by the night workers or
employees. Under such situation also it should not be more than 7 hours and should be from
midnight to 5 am. This should be in written form. Staff is also required to be night worker in
order to make a collective agreement in which night work is done.
National Minimum Wage this is being applied over the working time period in night but
does not give any idea over hiring in night work rate. Further it includes sleep-in shifts which has
number of hours to work and also get payment which is mentioned in National Minimum Wage.
It is dependent over the shift also and includes sleep over work. Workers that are expected to
work for most is also required to sleep between tasks also. So, as per the act suitable place to
sleep should be given to the worker.
UK regulation
Minimum wage is being one of the most important part of the labor party in the year
1991 the government has set a commission in order to generate recommendation and decided
level under national wedge act. The national minimum wage is one of the most significant labor
market involvements that the labor government has made. The main feature of this law was to
provide a fairer wage to low paid workers without limiting their employment opportunities or
harming the efficiency of business. The minimum wage was introduced in 1999 which is being
showing tremendous growth.
As per act various sections describes about wages and time to be given to workers and they are
section 1(2)), that is, anyone who has a contract to do work personally, other than for a customer
or a client (section 54(3)). Those working through agencies are included (section 34), so that the
agencies' charges must not reduce a worker's basic entitlement. Home-workers are also included,
and the Secretary of State can make order for other inclusions. The Secretary of State can also
make exclusions, as has been done for au pairs and family members in a family business. Share
fishermen paid by a share of profits are excluded, as are unpaid volunteers and prisoners
(sections 43–45) (Adewusi, 2019).
Also the hours that has been given under the act should be calculated according to the
work that is being mentioned in Wages Regulation act 199. The different work types are time
work, salaried hours work, output work and unmeasured work. Hours to be paid for are those
worked in the "pay reference period", but where pay is not contractually referable to hours, such
as pay by output, then the time actually worked must be ascertained. The principle is that the rate
of pay for hours worked should not fall below the minimum. Periods when the worker is

on industrial action, travelling to and from work and absent are excluded. A worker who is
required to be awake and available for work must receive the minimum rate. This does not
prevent use of "zero hour contracts", where the worker is guaranteed no hours and is under no
obligation to work.
Compatibility between directive and regulation
Directive and regulation is related to each other in a manner that act that has been explained in it
has certain advantages of it which justifies the acts derivative and regulations. They are it is
helpful in making dependence over a market type in this effectiveness of act is dependent upon
market and its conditions that has been imposed on. It is also beneficial to employees and also
makes securing of higher wages and employment level is high. Under regulation all the things
included in act is being explained and all kinds of aspects related to the act is being covered in it.
Also this makes reduction in tax burden. It also helps certain families. Significance of minimum
wages earners directive is there to support the overall idea of the act. Then considering a
significant number of minimum wage earners in the US are working parents and are raising a
family, these people would be forced to work for less money without imposing a minimum
wage. A directive is a legal act that is being mentioned in European Union and is required to be
member states for achieving result without dictating means to achieve same result. Also
directives normally leave all members of sate that is certain amount can be levy to exact rules
required(Abril, 2016)
Declaration
From the above discussion I have understood that European Union has a very important
role to play in formation of law and also learned about role of European Commission with role of
European parliament. All this has also made me select a successful business project within the
parameters of law. Further Directive and regulation has been explained in term of both EU and
wages act. I have learned about National minimum wages acts that is being explained in order to
merk out night working hours.
CONCLUSION
From the above file it can be concluded that concept of law and business project is clear.
Also role of European commission, role of council minster has been explained. Further in the file
role of European parliament is being explained directive and minimum wages act is being
covered. In the end of the file declaration is being made over minimum wages act.

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