Read the document to make sure it meets your needs and that everyone involved agrees with the Working Time Directive Opt-Out Letter.
Remember that if you have any questions you can easily Ask a lawyer.
Working Time Directive Opt-Out Letter checklist
Make it Legal™ Checklist
Here are a few important steps to take to finish your document
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Print out two copies of the Working Time Directive Opt-Out Letter to send to the worker.
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The employer must sign both copies of the Letter on the line over the employer's name.
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If the employer is a company, partnership or LLP, its representative must sign both copies where indicated.
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The Working Time Directive Opt-Out Letter is a formal notice which must be served (ie delivered) properly.
Check the contract of employment and all relevant HR policies for any special rules about serving notices. Make sure any specific rules are followed.
The safest way to serve a notice is to deliver it in person or, failing this, to send by courier, post or email. If you serve the Letter:
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in person - hand it to the worker personally.
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by post - consider using recorded delivery and keeping a copy of the proof of posting and delivery. Before sending the Letter, check that you have the worker’s latest address.
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by email - check that the employment contract allows you to send notices by email and whether it requires you to request a ‘read receipt’ as proof of service.
The worker may, on a voluntary basis, indicate acceptance of the Working Time Directive Opt-Out Letter by counter-signing and dating both copies of the Letter where indicated. If they do this, they should return one of the copies to the employer.
Keep a copy of the Working Time Directive Opt-Out Letter for your records. A copy will also be stored automatically in your Rocket Lawyer account ‘Dashboard’.
If you posted or hand-delivered the Working Time Directive Opt-Out Letter then keep a copy of the signed Letter that was sent and anything else included. If you email the Letter, keep a copy of the email you sent and any attachments together with any ‘read receipts’.
If the worker returns the signed Working Time Directive Opt-Out Letter make a copy and store the signed Letter safely away.
The worker should keep a copy of their signed Working Time Directive Opt-Out Letter.
Whenever a worker opts-out of the 48-hour working week you, as the employer, must keep a written record of their working hours for 2 years from the date the arrangement was made. Anyone who opts back in can be removed from the record.
