2006-10-24 22:18:08 · 11 answers · asked by zjshollis 1 in Business & Finance ➔ Other - Business & Finance
The opt-out clause (section 18) was included in the 1993 Directive largely to satisfy the UK government. It enables employers to get round the maximum 48-hour working week under certain conditions:
The basis of the new Law is that an employer cannot force an employee to work more than 48 hours a week unless the employee has agreed to do so in writing. An employee cannot be forced to agree to work over 48 hours a week and if he/she suffers any detriment due to a refusal to work more than 48 hours he/she can bring a complaint in the Tribunal.
A pro rata reduction in pay should an employee decide not to work greater than 48 hours does not count as a detriment according to relevant case law.
If an employer has employees who have agreed to contract out of the 48 hour week then they have to keep detailed records of time worked, etc.
Any employee who does contract out can give his/her employer 7 days' notice that he/she no longer agrees to work more than 48 hours (note the employer can insist on up to three months' notice if the employee agrees to the longer notice period in writing).
2006-10-24 22:39:26 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
no, certain professions are except but you have a legal obligation to stick to the max. You can exceed 48hrs week but it has to average out at 48 or less over a rolling period ( ?? 8 weeks but not sure )
Many companies did have an opt out for the first couple of years, thats gone now.
2006-10-24 22:30:52 · answer #2 · answered by Michael H 7 · 0⤊ 0⤋
It is legal to opt out of the working time directive but you will have to sign something to say that you are opting out at your own will. Your employer cannot make you opt out and sholud not put any undue pressure on you to do so. Try this site for help http://www.acas.org.uk/s.
2006-10-25 00:18:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It's legal, but you will take responsibility for the consequences of opting out. You need to obtain a form from work that you need to sign/not sign accordingly.
Don't work too hard!
2006-10-24 22:32:59 · answer #4 · answered by modbexy 2 · 0⤊ 0⤋
yes it is butwhy do you want to
its people such as you that are keeping wages low
and people out of work
if there is too much for you too do within 48 hours your company should employ someone else
considering your already working 8 hours overtime
if your not working to your full potential maybe your company may consider bonuses for the ammount of work done
regards and best wishes
a union man
2006-10-24 22:29:58 · answer #5 · answered by toon_tigger 5 · 0⤊ 0⤋
Yes in the UK at the moment.
But the frogs are whining as usual that we have an unfair advantage by being hard working and willing to go the extra mile so we can afford our over priced houses.
2006-10-24 22:24:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on your job type,certain groups, doctors have special exemptions.
I'm not sure about voluntaryily signing something to say that you wish to break it. But then you could be in conflict with Health and Safety if the company is allowing it employees to put themselves at risk.
2006-10-24 22:23:01 · answer #7 · answered by budda m 5 · 0⤊ 0⤋
Yes.
But you really wouldn't want to work for a company that puts that in your contract!
i did it once. Never again...
2006-10-24 22:30:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
it might be legal but your boss wont like it and you will be pushed around like dirt.
you cant win
2006-10-24 22:19:53 · answer #9 · answered by minty 4 · 0⤊ 0⤋
Depends on whether you are contractually obligated.
2006-10-24 22:21:37 · answer #10 · answered by Rvn 5 · 0⤊ 0⤋