Working Time Directive Opt-Out for England

INDIVIDUAL WORKING TIME OPT-OUT AGREEMENT

Agreement to Opt Out of Regulation 4(1) of the Working Time Regulations 1998

Between

_____________

Of _____________

_____________, _____________

And

_____________

Of _____________

_____________, _____________

In accordance with The Working Time Regulations 1998, employees are not required to work more than 48 hours per week, which is averaged over a 17-week period. Employees can work more than 48 hours in one week and less in another during a 17-week period, as long as the average is not more than 48 hours.

By signing this agreement, the employee ("you") agrees that you are prepared to work more than 48 hours on average per week, as calculated under The Working Time Regulations 1998. This is not a guarantee that you will be offered work in excess of 48 hours in any given week. This is only an indication that you are prepared to opt out of the restriction.

Should you wish to cancel this agreement, you must provide _____________ notice in writing.

No detriment will come to you should you choose not to sign this agreement.

I, _____________, agree to opt out of the limit in regulation 4(1) of The Working Time Regulations 1998 to not work more than 48 hours on average per week. I fully understand that I can terminate this agreement after providing _____________ a written notice of _____________.

The agreement shall apply from _____________ until further notice.

Sign: ____________________ Date: _____________

Print: _____________

Position: _____________

Sign: ____________________ Date: _____________

On behalf of: _____________

Instructions for Your Working Time Directive Opt-Out



A working time directive opt-out allows an Employer and Employee to mutually agree to opt out of the Working Time Regulations 1998. The Working Time Regulations state that an Employee is not permitted to average more than 48 hours of work per week over the course of a 17-week period. Although most Employees will not work more than 48 hours, there may be occasions that arise due to business needs or seasonal demands where an Employee is required or desires to work as many hours as permitted.

Mutual Agreement

Both the Employee and the Employer must mutually agree to the working time directive opt-out. It is unlawful for an Employer to make the signing of a working time directive opt-out a condition of employment. In other words, an Employee must freely enter into this agreement and must be given the opportunity to end the agreement without any impediment or a negative recourse in doing so.

Notice of Cancellation

Even though the Employee must be able to end the agreement, this does not mean that the Employer is not entitled to be notified. An Employer has the ability to set the notice period between seven days at the earliest and three months at the maximum.

Business Business - HR

Working Time Directive Opt-Out

A working time directive opt-out allows an employee to opt out of the 48-hour average work week limit under The Working Time Regulations 1998.

LegalNature makes it easy to quickly create your agreement by providing step-by-step guidance on top of intuitive form-building technology. Easily specify all the required terms, including the parties involved, relevant dates and notice periods.

By using LegalNature’s online form builder, any employer can cut human resource costs by eliminating the need for solicitors whilst storing all documents in one safe and easily accessible place. Get started now to see how LegalNature can be powerfully leveraged to meet your business' legal needs.

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