Workers can withdraw from the opt-out contract at any time, even if the opt-out scheme is part of their employment contract. To do so, the employee must cancel at least 7 days in writing. A longer notice period may be agreed with the employer, but may not exceed 3 months. Our opt-out working time directive form gives you a template that you can use to make sure you get a signed agreement from your employee. Download our model for word-based labour agreement. You can terminate your opt-out contract at any time, even if it is part of your employment contract. If staff can endure excessively long hours of work, this can lead to other legal problems, such as. B violations of health and safety rules or the obligation not to violate staff. The opt-out does not remove these obligations. The worker may revoke his consent to the opt-out by informing you, regardless of whether a job has started or not. A week of retraction is required, unless you agree to another notice, but this cannot last more than three months.
Enter the notice period in the agreement. Time spent in other jobs also counts towards the 48-hour limit, so make sure you are aware if your employees work outside of work for others or for yourself. When the employee opts out, it is appropriate that his average weekly working time may exceed 48 hours per week. Working time includes on-call time at home and work from home on demand. Time for work training, work meals and time on the phone, while places of care are absent, is also at the border. The 48-hour weekly working time limit does not apply if you request the worker`s consent at work in writing, which goes beyond the limit. This is called the opt-out agreement. If your employee is over the age of 18, you can ask them to work more than 48 hours a week and opt out of the work schedule. The 48-hour limit lasts an average of 17 weeks. So the occasional long hours should not be a problem.
This 48-hour opt-out agreement allows you and workers as employers to opt out of the 48-hour limit. Your work agreement must respect the rules set by the working time provisions. Those who are not legally valid – other than that, workers may choose not to regulate working time, with the exception of annual leave. You should publish your company`s employment contract in writing and make it available to all employees. It applies to either all employees or employees of a particular group. If your employees work above or near the 48-hour limit, try to get an exemption agreement. I agree [The Worker`s Name] that I am allowed to work more than 48 hours a week on average. If I change my mind, I will notify my employer [time – up to 3 months] to terminate this agreement. signed………………………………………… dated……………………………………………. Employers need an employment agreement that sets the agreement between the employer and the workers on working hours, such as night and rest periods.