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13th September
written by Tellus

You can refuse to accept a worker`s opt-out request, as long as you are fair and consistent in your approach (e.g. B if you are legitimately concerned about the effects on their health). If you decide not to work more than 48 hours per week, you can terminate your agreement in writing with a period of at least 7 days. The 48-hour limit for weekly working time does not apply if you obtain the worker`s written consent to work beyond the limit. This is called an opt-out agreement. Your agreement may require longer notice, which can last up to 3 months. If staff are allowed to work for too long, it can lead to other legal issues, such as. B breaches of health and safety rules or the obligation not to infringe staff. The opt-out does not remove these obligations. 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. If you want to work more than 48 hours per week, you can sign an agreement to disable the maximum weekly working time. It`s your decision – your employer can`t get you out.

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. Employees must not be coerced or pressured to sign an opt-out agreement. In addition, employees may not be subjected to unfavourable treatment or be subject to disciplinary or dismissal proceedings if they do not unsubscribe or revoke their consent (provided that the dismissal is correct). The organisation of working time allows a worker to refuse the 48-hour limitation by written agreement in various ways, including by modifying the person`s employment contract. However, this must be done in writing, signed by the employee and terminated by the employee with a period of at least seven days (but not more than three months). Your employer cannot force you to terminate your opt-out agreement. If your employees work beyond or near the 48-hour limit, try to get an opt-out agreement. You can terminate your opt-out agreement at any time – even if it is part of your employment contract. . .


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