48 hour working time directive

12
Found 20th Oct 2017
Heres a doozy for you...

I'm due to start a new job where the average working week is defined as 45 hours a week in the contract plus any additional which the business deems necessary.
Longer hours than I'm used to but no problem there.

As a part of the pack but not specifically the contract is a form to opt out of the directive and offer permission to work longer than 48 hours.

Thing is, this falls within my salary and they offer no overtime additions at all (Nothing in the contract pack) so there is actually no incentive to work these additional hours other than the business getting more out of me.

I understand that the business cannot force individuals to sign the sheet or penalise for existing workers, but what about for new starters for a new role?
Can they reject the contract If I don't sign this additional sheet - they have already signed their boxes.

This is a separate sheet from the contract so I can still sign that and return no problem, just leaving the 48 hour opt out form out of the pack - basically decline working longer than 48 hours.

Any advice here would be great.
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The company will be wanting the new starter to sign the form.

They can't legally ask you to work more than 48 hours per week if you don't opt out of the WT Directive.

I would assume the company will have a problem with your employment if you're not prepared to work as presumably the rest of their employees.

If these conditions are not acceptable to you I suggest you decline their offer - if you want the job I suggest you sign it. If you don't sign it you are just putting yourself in dispute with the company before you have even started - not a good idea!
They can refuse to hire you if you've not yet signed a contract of employment. However, you can sign the opt out now, wait for any probation periods to be over and then give your notice of withdrawal from the opt out agreement. The notice of withdrawal period should be clearly included on the form.

For more information try reading
rocketlawyer.co.uk/art….rl
Van197313 m ago

The company will be wanting the new starter to sign the form.They can't …The company will be wanting the new starter to sign the form.They can't legally ask you to work more than 48 hours per week if you don't opt out of the WT Directive.I would assume the company will have a problem with your employment if you're not prepared to work as presumably the rest of their employees. If these conditions are not acceptable to you I suggest you decline their offer - if you want the job I suggest you sign it. If you don't sign it you are just putting yourself in dispute with the company before you have even started - not a good idea!


That's totally the last thing I want to be doing too - your entirely right.

It's a dream job that I've been aiming to get into for some time.
Just don't want to be in a position where there is an expectancy for me to do longer hours and the home/work balance goes out the window.

Happy to do overtime to support as I understand this will be part of the job that I'm going into but would prefer to be asked of me as opposed to expected of me.
employers can take the pee with forcing staff to work over time. the law allows them to do so without pay. it is very unfair. most employers don't do this but i have worked for a previous employer who asked me to work overtime without pay. i just handed in my notice

i would sign the page if i were you and keep your options open as you can always leave if they enforce long hours without reward. a lot of companies will do this as a matter of course and never actually enforce overtime without pay. it all depends on how much they need you at the time.
thestaticboy6 m ago

That's totally the last thing I want to be doing too - your entirely …That's totally the last thing I want to be doing too - your entirely right.It's a dream job that I've been aiming to get into for some time.Just don't want to be in a position where there is an expectancy for me to do longer hours and the home/work balance goes out the window.Happy to do overtime to support as I understand this will be part of the job that I'm going into but would prefer to be asked of me as opposed to expected of me.


I would hope the company aren't idiots (some are!) and realise that their employees need a work/home balance. I have worked for similar companies who had a great work ethic and everyone pulled their weight - they were the best companies I worked for. Generally this type of company pay more - they want the best staff, want them to work hard but reward them for doing so - hopefully this is the type of company you're looking to join.

Successful employment has to be a win-win - both the employee and the employer has to be happy with the arrangements - or it won't last very long! Good companies recognise this - especcially with good employees.

Good luck - hope it works out for you!
There are too many employers who take advantage, my ex is a nanny and had to work 8am-7pm 6 days a week with very demanding spoilt rich brats (and the parents wanted the kids room to be in a show-room state all the time as well).

They have now upped it to working 7 days a week which is illegal, but she wants the money.
Really seeing a theme here.

I really don't believe the business to be one that will take the Michael.
All I've heard are good things from the people that work there and there is little in the of people jumping ship.

It is a production style job so is reliant on the production\cleaning side of things being complete before you finish shifts. Should something go wrong then I totally understand that i need to stick around to help and catch up - this i'm fine to do anyhoo. Just don't want a mockery made of my wage against the hours.

I guess it is more about covering their backs.

Thanks for the responses all! Plenty of food for thought.
xfaxfa1 h, 23 m ago

They can refuse to hire you if you've not yet signed a contract of …They can refuse to hire you if you've not yet signed a contract of employment. However, you can sign the opt out now, wait for any probation periods to be over and then give your notice of withdrawal from the opt out agreement. The notice of withdrawal period should be clearly included on the form.For more information try reading https://www.rocketlawyer.co.uk/article/how-to-opt-out-staff-from-the-48-hour-week.rl


Thanks for the suggestion, That is a very fair point!
Is it a shift job? If so what is the shift pattern
The working time directive is EU legislation, and when we leave the EU we will be doomed
cliosport6511 h, 20 m ago

The working time directive is EU legislation, and when we leave the EU we …The working time directive is EU legislation, and when we leave the EU we will be doomed


we are already doomed and we don't even have to wait for the exit date. the effect of brexit is already having a negative impact on our economy and our pockets. inflation is rising due to increasing costs, which is a direct result of the brexit vote as we are a big importer of foreign produce. people had not really fully realised the personal financial effect of brexit on them and their family and were too narrow focussed on keeping foreigners out of the country.
if it is separate to the contract, you are under no obligation to sign it.
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