Updated Commercial Rates from 1st September
See Main TV Drama page for the latest info.
Compensatory Rest has always been a complicated issue, as it was written, like many of the out of contract clauses, to be an expensive deterrent to encourage better scheduling, and to ensure that an individual is well rested when starting a shift.
This is achieved by listing daily & weekly rest periods plus the addition of accumulating Compensatory Rest, or 'time off in lieu', for shooting hours worked, both scheduled and extended, past 00.00 midnight.
For shooting hours which are scheduled, or extended past 12 midnight, an hour is "banked" to be used at a later date to help bring the schedule back to more sociable hours. Non shooting hours, such as derigs, do not count towards CR.
Example
Unit Wrap on Monday at 0300
that is 3 hrs in the bank
Unit Wrap on Tuesday at 0200
that is another 2 hrs in the bank, now totalling 5
Unit Wrap on Wednesday at 0100
1 more hour added to the bank, which now stands at 6
Unit Wrap on Thursday at 0000
No CR due, bank still at 6
Department/individual worker wrap times past Unit Wrap times would not add additional hours to the CR bank, but would be used in rest period calculations between the end of one shift and the beginning of the next (6.8)
To see how these hours get paid back, see "How does CR get paid back in paid time off?"
Yes.
Compensatory Rest accrues shooting hours which are scheduled, or extended past 12 midnight. If the 1st hasn't shouted wrap, CR accrues.
Yes.
And the 2nd half of clause 6.6.5 points towards the requirement of paid rest to be allocated to the worker on the following day.
The position the Committee put to PACT in early 2018 was;
Should a contract, weekly or daily, end with CR owing, then an additional day should be offered to the worker. If required, the worker would be expected to turn up to work on the day MINUS the Compensatory rest hours owed, subject to the agreement and to the worker finishing before 00.00 midnight.
This explanation was not rejected at the time of presentation, and was escalated up to the PACT Head Of Production group for comment.
Unfortunately, PACT have never officially responded, and many producers actively skip over the necessary recognition that crew must be properly rested on the grounds of Health & Safety, and just pay out the additional 1T, because it is easer and cheaper.
See "How does CR get paid back in paid time off?"
Automatic paid full rest days do not exist under the 2017 TV Drama Agreement.
Instead, the CR hours accrued after midnight are paid back, either as time off as part of a paid shift/contracted day, or per hour fee.
However, the agreement is clear that if enough CR does accrue over a period of consecutive nights, then one of your contracted days can be allocated to pay back those hours, much in the same way that a day might get shortened by an hour.
Section 6 covers this in great detail, but essentially, The schedule for the subsequent days should be written in such a way that the shooting hours are reduced, but the fee for the Standard Working day (SWD) is still payable.
CR does not have to be paid back in one go, it can be spread over multiple scheduled days.
It is important to understand that the CR hours are to be paid back under contracted time, and are classed as "on Duty" or "on-shift" time where the duty of "rest" has been allocated to you by the Producer.
This is justified in 6.6.7 by highlighting that CR cannot be taken on a designated rest day. Therefore it must be allocated on a work day, where a worker is contracted for a set number of hours to be available to the Producer, and they are paid a pre-determined fee (5.1.2 )
Example - see "How is Compensatory Rest accrued?"
By end of shift on Thursday, there are 6 hours of CR owed
If your standard contracted working day (SWD) is 10+1, the schedule for Friday could be reduced by anything up to 6hrs, while still being paid your contracted daily rate. For this example, lets say that 3hrs of CR were scheduled within that 10+1 day on Friday, leaving 3 owing.
10+1 Scheduled =7 shoot, 3 allocated rest, paid as a 10+1 contracted SWD day.
Assuming there is then a 2 day weekend, the 3 hours owed needs to be paid back at the top of Mondays shift, before the 7hours of Shooting commences.
10+1 Scheduled = 3 allocated rest,7 shoot, paid as a 10+1 contracted SWD day.
This pays back all 6 hrs of CR by the start of the Shooting day on Monday.
Important note: CR hours are worked into the scheduled hours and are therefore treated like any other worked hours for the purpose of calculating Overtime, Grace, Daily & Weekly rest periods etc.
Section 6 clause 6.6.4 - Compensatory rest accrued during a period of consecutive scheduled Night Work is capped at the length of the contracted working day.
The contracted day is detailed in 5.2 . You are reminded that Lighting Technicians do not sign contracts with periods of unpaid Prep & Wrap, and in the vast majority of cases, the contracted day matches the Standard Working Day (SWD) as defined in 6.3 .
If your SWD is 10+1 you will get one full day of 10 hrs allocated to pay back CR hrs owed.
If your SWD is 11+1 you will get one full day of 11 hrs allocated to pay back CR hrs owed.
Any other CR hours owed are then forfeited.
Important note: CR hours are worked into the scheduled hours and are therefore treated like any other worked hours for the purpose of calculating Overtime, Grace, Daily & Weekly rest periods etc. A full SWD allocated to CR is treated like a worked shift.
6.6.3 states that paid time off should be given wherever possible, but if you end up starting the following week shooting hours with CR owing, you will be financially compensated at the rate of 1T for each hour owed, in addition to your contracted hours worked past midnight.
Should there be any CR owing at the end of your contract, be it Daily, or full time, the recommended way to deal with this is to:
Increase the length of contract by an additional day to allow Compensatory Rest hours to be paid back from contracted time.
In this scenario, the worker would likely be expected to turn up to be available on the additional day, however their actual work pattern will be the contracted day length MINUS the Compensatory rest hours owed, subject to the agreement and to the worker finishing before 00.00 midnight.
If the worker has already taken a days work from another Producer, the advice would be to cancel the 2nd Producers work and extend the contract with Producer 1.
If the worker would prefer to take Producer 2s contract, they must accept all liability and request that Producer 1 compensates financially by paying the fee of 1T for each CR hour outstanding, over and above the contracted hours
Should there be any CR owing at the end of your contract, be it Daily, or full time, the recommended way to deal with this is to
increase the length of contract by an additional day to allow Compensatory Rest hours to be paid back from contracted time.
In this scenario, the worker would likely be expected to turn up to be available on the additional day, however their actual work pattern will be the contracted day length MINUS the Compensatory rest hours owed, subject to the agreement and to the worker finishing before 00.00 midnight.
If the worker has already taken a days work from another Producer, the advice would be to cancel the 2nd Producers work and extend the contract with Producer 1.
If the worker would prefer to take Producer 2s contract, they must accept all liability and request that Producer 1 compensates financially by paying the fee of 1T for each CR hour outstanding, over and above the contracted hours.
This option is the choice of the worker, it should not be the producers default position.
Regardless of the length of your contract, you should discuss the terms of your engagement before accepting the work.
It is impossible to investigate a difference of opinion after the work has been done.
Should you feel that the terms of your contract are not sufficient, you have the right to turn the work away, as others may have already done.
It is doubly important for a Daily when working splits or nights, that you understand what you are being paid for.
The agreement is being read in more than one way, which is leading to confusion and disagreement.
If there are any further queries, please get in touch via Batfone or email