1/23/2024 0 Comments Work and time directiveYou should also conduct a risk assessment to determine the risks (eg health and safety risks) associated with the worker working more than 48 hours a week. If the worker does not want to opt-out of the 48-hour workweek, speak to them about their reasons. Bear in mind that the worker should not be forced to opt-out and should not suffer a detriment for refusing to opt-out of the 48-hour work week. If the worker works more than an average of 48 hours across all their jobs, you should discuss the worker opting out of the 48-hour workweek. If they work more than one job, you must make sure that they do not work more than an average of 48 hours over 17 weeks in total for all jobs. You should speak to your workers about their working hours for each of their jobs. This means that a worker must not work more than an average of 48 hours per week across all jobs they work. The 48-hour working week is the legal limit across all jobs worked by the worker. It simply means that workers cannot work more than 48 hours per week on average.īe aware that the 48-hour limit applies across all jobs The 48-hour working week does not mean that workers can’t occasionally work more than 48 hours per week. For more information, see the Government’s guidance on maximum weekly working hours. For example, a collective agreement can extend the 17-week period to a maximum of 52 weeks. Unpaid overtime that you asked the worker to workīear in mind that there are some exceptions to using a 17-week period to calculate a worker’s average weekly working hours. Include all time worked, including time spent on: If the worker has worked for less than 17 weeks, use the total number of weeks worked to calculate their average weekly working hours. To work out a worker’s average weekly working hours, add up the total hours they worked in a 17-week period and divide this by 17. Understand how to work out a worker’s average weekly working hours However, if you do this, you may want a lawyer to review or change the Working Time Directive Opt-Out Letter for you to ensure it complies with all relevant laws and meets your specific needs. If you want your Working Time Directive Opt-Out Letter to include further or more detailed provisions, you can edit your document. If the worker agrees to opt-out of the 48-hour working week, they should countersign the Letter in the space provided and return a copy to their employer. The employer (or someone acting on the employer’s behalf) should sign the Letter in the space provided before sending it to the worker. How the opt-out agreement can be brought to an end The employer’s request for the worker to sign the Letter to disapply the 48-hour working weekĬlarification that signing the Letter only changes the worker’s contract with regards to their working hours Information about the Working Time Regulations 1998 and what they mean for workers The body of the Letter covers the details of the opt-out agreement. The start of the Working Time Directive Opt-Out Letter provides details of the employer (who is requesting that the worker opt-out of the 48-hour working week) and the worker. To achieve this, this Working Time Directive Opt-Out Letter covers: Working Time Directive Opt-Out Letters are used to enable staff members to opt-out of the 48-hour working week. Should the Working Time Directive Opt-Out Letter clarify that the worker will not suffer any detriment if they do not sign this Letter? Until a certain date? If so, on what date will the agreement end? What is the notice period to terminate the opt-out agreement in this Letter?įor a specific period? If so, what is the duration of the agreement? Will the worker’s pay be increased as a result of their opting out of the 48-hour working week? On what days of the week will the worker work the new normal hours? What are the worker’s new normal hours of work? Should the Letter state what the worker’s new working hours will be? If so: On what date will this Letter be sent to the worker? What are the worker’s details (ie their name and address)? Will the Letter be printed on headed paper including the business’ name and address? If the employer is a company, LLP or partnership, who is signing the Letter on the employer’s behalf? What are the employer’s details (ie their legal structure and name)? To make your Working Time Directive Opt-Out Letter you will need the following information: When you have all of the details prepared in advance, making your document is a quick and easy process. Just answer a few questions and Rocket Lawyer will build your document for you. Making a Working Time Directive Opt-Out Letter online is simple.
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