It can be difficult to know if on-call time is considered working time. If you can`t reach an agreement with your employer, ask for help from your next citizens` council. Employers need a labour agreement that sets out the agreement between an employer and workers with regard to working hours such as night work and rest periods. It makes it possible to structure the agreement between the employer and the staff. As an alternative to an opt-out agreement, use our opt-out clause in employment contracts not to apply the average weekly working time, but if you do, make sure that workers sign their contracts and that their consent to the provision is entirely voluntary. Our clause recommends that they have independent legal advice on this matter. In some cases, other rules may apply to mobile employees. For those in certain sectors, for example road transport, the organisation of working time only applies to a certain extent – there are specific rules on road transport which provide for additional restrictions, which can be changed by appointment. Protect yourself if you no longer want to apply the 48-hour limit for average weekly working time for workers based in England, Wales or Scotland with this opt-out letter from the Working Time Directive. This letter of contract complies with the Working Time Regulations 1998 and contains everything to ensure that you comply with the law, including the opt-out agreement, of the mandatory rights for the worker to withdraw from the contract. If you unsubscribe from work schedules, you may have to work an average of more than 48 hours per week.
Find out what you can do if you want to terminate your opt-out agreement. Once an opt-out clause has been signed, it is valid for an indefinite period, unless you have expressly indicated that it will only apply for a specified period. An open-ended agreement means you don`t need to renew it at regular intervals. Our clause is valid for an indefinite period. Workers can cancel an opt-out, but they must notify at least seven days in writing or more up to a maximum of three months in advance, if agreed under the opt-out clause. Our clause requires the worker to be modest no more than three months in advance to revoke their consent. Similarly, it is said that you will terminate them three months in advance to terminate the opt-out, when it is unlikely that you will want to do so. You must keep a record of all workers who have unsubscribed, but you do not need to keep a record of the actual hours of work of unsubscribed workers. You can terminate your opt-out agreement at any time, even if it is part of your employment contract. Download our template of work agreements in Word format.
The organisation of working time and the legal limit of 48 hours have been introduced for the health and safety of workers. Therefore, it is important that if an employee agrees to work more hours, you will have a copy of this agreement in writing. You must inform your employer at least 7 days in advance. You may need to terminate more (up to 3 months) if you have a written opt-out agreement. An opt-out letter of the Working Time Directive is a letter by which an employer and an employee agree to refuse the maximum legal weekly working time applicable to workers. . . .