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Working Time Regulations 48-Hour Rule Opt-Out


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Under the Working Time Regulations 1998 an employee does not have to work more than an average of 48 hours per week, (this includes overtime). This agreement allows both the employer and employee to opt-out of this restriction. Under the law this is a voluntary opt-out by the employee, the employee cannot be forced to opt-out. Also the employee can end the agreement unilaterally on giving a maximum of 3 months' notice to the employer.

The employer must get each individual employee to sign an opt-out agreement. Two copies of this agreement should be printed and signed. Both the employee and employer should retain signed originals. The employer's copy should be kept on the employee's personnel file. The employer also needs to keep a record of all employees who have agreed to opt-out.

The clauses in this agreement include:

  • Introduction and background explanation of the law
  • Clear statement that opt-out is voluntary
  • No disciplinary action or dismissal for those that refuse to opt-out
  • Includes free technical support

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