You can terminate your opt-out agreement at any time, even if it is part of your employment contract. An opt-out agreement is only valid if the employee voluntarily consents to it and any attempt to pressure it to be signed illegally. It is therefore preferable to have a separate opt-out agreement. Do not put it in the letter of offer or the employment contract. The duration of the opt-out agreement is set by the parties. You can unsubscribe for a fixed period or for an indefinite period. You must inform your employer at least 7 days in advance. You may need to terminate more (up to 3 months) if you have a written opt-out agreement. As an alternative to an opt-out agreement, use our opt-out clause in employment contracts not to apply the average weekly working time, but if you do, make sure that workers sign their contracts and that their consent to the provision is entirely voluntary. Our clause recommends that they have independent legal advice on this matter. I [name of worker] agree that I am allowed to work more than 48 hours a week on average. If I change my mind, I will notify my employer [period – up to 3 months]] in writing to terminate this agreement. Drawn……………………
Dated…………………. .. .. .. An opt-out letter from the Working Time Directive is a letter by which an employer and a worker agree to refuse the legal maximum weekly working time applicable to workers. It defines the agreed working model and defines the worker`s right to terminate the contract. This letter of non-application of the limitation on average weekly working time is in line with the 1998 Working Time Regulations. The worker may revoke his consent to the opt-out by dismissal, whether or not the employment has begun.
One week`s notice is required, unless you agree to another notice, but that must not exceed three months. Include the notice in the agreement. Protect yourself if you no longer want to apply the 48-hour limit for average weekly working time for workers based in England, Wales or Scotland with this opt-out letter from the Working Time Directive. This letter of contract complies with the Working Time Regulations 1998 and contains everything to ensure that you comply with the law, including the opt-out agreement, of the mandatory rights for the worker to withdraw from the contract. An alternative to an opt-out agreement is to include our opt-out clause in the worker`s employment contract. If it is declared in writing that the average weekly working time of 48 hours is not applied, it shall be valid. They must therefore have signed at least the contract as proof of their explicit consent. However, there is one important pitfall that you need to keep in mind. The worker`s agreement must be voluntary, so if the contract has been presented to him as a “concluded agreement” that is not open to negotiation, his consent is not a free choice. This may well be the case if the contract is given to them for signature before starting work, resulting in the job posting being withdrawn if they do not sign it, especially since there is currently no prohibition on refusing to hire someone who refuses to unsubscribe.
To remedy this, our clause contains a provision that you have advised the worker to seek independent legal advice as to its importance and impact. It gives the impression that the clause is open to negotiation and that you are not trying to force it to agree on something they do not understand. The opt-out agreement should expressly stipulate that the worker agrees to no longer apply the legal limit of 48 hours for weekly working time. If their schedules change, note the new times in the agreement. . . .