Protect yourself when you want to disapply the 48 hour limit on average weekly working time for employees based in England, Wales or Scotland, using this working time directive opt-out letter. This... ... Read more
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How to make a Working Time Directive Opt-Out Letter
Protect yourself when you want to disapply the 48 hour limit on average weekly working time for employees based in England, Wales or Scotland, using this working time directive opt-out letter. This letter of agreement complies with the Working Time Regulations 1998 and contains everything to make sure you observe the law, including the agreement to opt-out, mandatory rights for the worker to withdraw from the agreement.
Use this opt-out letter:
This opt-out letter covers:
A Working time directive opt-out letter is a letter by which an employer and an employee agree on opting-out from the statutory maximum weekly working hours that apply to employees. It sets out the agreed working pattern and outlines the employee's right to withdraw from the agreement.
An opt-out letter allows you to disapply the statutory 48 hours limit on weekly working time while remaining in compliance with the law.
For more information read How to opt-out staff from the 48-hour week.
Employees can opt-out from the directive as long as it is mutually agreed in writing with the employer.
However, some workers cannot opt-out, namely:
For more information read How to opt-out staff from the 48-hour week.
Employees can withdraw from the opt-out agreement whenever they like - even if the opt-out provision is part of their employment contract. To do so, the employee must give at least 7 days written notice. A longer notice period may be agreed with the employer, but it can be no longer than 3 months.
For more information read How to opt-out staff from the 48-hour week.
Yes - opting out must be voluntary and the employer cannot force employees to agree on it.
When opting out, the employee agrees that their average weekly working time may exceed 48 hours a week. For more information read How to opt-out staff from the 48-hour week.
The length of the opt-out agreement is decided by the parties. They can opt out for a certain period or indefinitely.
Last reviewed or updated 17/05/2022
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