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. 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……………………………………………. An opt-out contract is only valid if the employee freely approves it and tries to lobby for it to be signed illegally. It is therefore preferable to have a separate opt-out agreement. Do not enter it in the letter of offer or in the employment contract.
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. It can be difficult to know whether on-call time is considered working time. If you fail to reach an agreement with your employer, you will receive help from your nearest civic council. If you decide not to work more than 48 hours per week, you can terminate your agreement by terminating your contract in writing at least 7 days in advance. According to the 1998 Working Time Code, the average working time of most adult workers must not exceed 48 hours per week, calculated over a reference period of 17 weeks (26 or 52 weeks in limited circumstances). These include overtime and all work for secondary employers. However, the regulations also allow workers to voluntarily agree to work more than those hours, provided they have signed an individual opt-out agreement that makes it clear that they agree not to apply the average weekly working time of 48 hours – see our opt-out agreement.
Following my interview with [the name of your supervisor] on [date], I hereafter confirm that I am withdrawing my consent at the release of the weekly working time limit set by the working time code. In particular, I don`t want to work more than 48 hours a week on average, because [reason for the idea, z.B. it has negative effects on my health]. The EU Working Time Directive provides a ceiling for the maximum number of hours workers aged 18 and over can work on average per week. The average cap is 48 hours per week, which lasts more than 17 weeks. Collective agreements or collective agreements may extend the period on which the average is based. Please note that travel work time, where it is part of the workplace, includes working lunches and vocational training, but not the time they spend arriving at or leaving work, lunch or resting without a job. Employers must keep records of workers` work schedules to prove that they are following the rules. The Working Time Regulation allows a worker to opt out of the 48-hour weekly limit in a variety of ways, including by changing the individual`s employment contract.