Help with employment contract legalese

18
Found 15th Mar
Hey guys, I need some advice regarding an offer letter that my friend has received. There is a clause that says,

"The Employee agrees and confirms that the 48 hour weekly working time limit under the Working Time Regulations shall not apply to them.
The Employee understands that they can withdraw their agreement to this by giving the Company not less than 3 months’ notice."

That didn't look right to me, so I've asked him to hold fire on it until I get some clarification. What would be your advice? Thanks in advance.
Community Updates
Ask
18 Comments
It’s an opt out agreement to the working time directive. It may be a separate page to the rest of the contract and if they do not want to opt out then they don’t have to sign it.
The polite way to look at this is to contemplate what career the post holder is after and whether the values of the company and level of compensation align with his/her expectations

If they don't want to opt out then fine ............................... consider working for the council/govt or some other easy, non demanding place that pays poorly but lets you have personal space and time.

Standard para in the real world. You don't have to like it. Just decide if the job is for you.

(Apart from Holland where you can legally opt for a 4 day 38 hour week)
Edited by: "ccnp" 15th Mar
Not for a Greek tour operator by any chance is it ?
Original Poster
Thanks for the useful advise guys, apparently this is a clause in the contract, not a separate page. Sounds like by signing this clause, the employer is entitled to ask the employee to work over 48 hours per week and employee is bound to oblige. Is that a fair statement? thanks.
I had to sign the waiver once, as I could be on call for emergencies so my working week could go over the 48hr max.
I was told if I didn't sign it I couldn't get the job.
If he want the job he must accept it, if not then he needs to find another employer. And yes it means he will have to work when they want him to, but bare in mind a 48hrs+ contract is generally better than a 0hrs contract.
Original Poster
thanks everyone, very helpful. seems like some companies are trying to bypass employee protection laws, exploitation in other words.
LordLardy15 m ago

thanks everyone, very helpful. seems like some companies are trying to …thanks everyone, very helpful. seems like some companies are trying to bypass employee protection laws, exploitation in other words.



I wouldnt say exploiation particularly, some jobs just demand longer hours. What is the job in question.
LordLardy20 m ago

thanks everyone, very helpful. seems like some companies are trying to …thanks everyone, very helpful. seems like some companies are trying to bypass employee protection laws, exploitation in other words.


Not really, it's something that many people opt out of so they can do overtime etc, but it's also so an employer a can give you 50 hours for two weeks and then 35 for the next two etc without any problems. If the employer seems decent it really isn't anything to worry about.
LordLardy38 m ago

thanks everyone, very helpful. seems like some companies are trying to …thanks everyone, very helpful. seems like some companies are trying to bypass employee protection laws, exploitation in other words.


A load of rubbish talked about the 48hr opt out. Even if you don't opt out the employer can ask you to work in excess of 48 hours in a week. It is actually 48hr per week AVERAGE over a 17 week period. If you are hourly paid and don't opt out, when you reach the end of your 17 week period you could find you have some very short weeks and lose money (you will have had this when you worked earlier in your period - but probably spent it).

If you do 55 hours a week for 4 weeks, then 48 hours each week after that for 12 weeks, to bring the average to 48hrs the last week you could only work 20 hours. It's very easy to lose track of the odd hours here and there.
Original Poster
123thisisme2 h, 1 m ago

I wouldnt say exploiation particularly, some jobs just demand longer …I wouldnt say exploiation particularly, some jobs just demand longer hours. What is the job in question.


It's a regular IT job, no on call duty expected or any overtime working in his typical work.
Original Poster
MIDURIX2 h, 0 m ago

Not really, it's something that many people opt out of so they can do …Not really, it's something that many people opt out of so they can do overtime etc, but it's also so an employer a can give you 50 hours for two weeks and then 35 for the next two etc without any problems. If the employer seems decent it really isn't anything to worry about.


Company needs a three month notice to cancel this "opt-out" agreement, I wonder if they will reduce that to a few weeks which will be favourable to the employee if he chooses not to work overtime, whether it's his choice or his employer's demand.
Standard practice in a lot of companies contracts.

Contracts generally cover many events that both parties hope never happen - but if they do there is clarity as to what is to happen.

The employer will not want it's staff to permanently work excessive hours - if they did they would have trouble retaining staff.

Sounds reasonable to me.
LordLardy7 m ago

Company needs a three month notice to cancel this "opt-out" agreement, I …Company needs a three month notice to cancel this "opt-out" agreement, I wonder if they will reduce that to a few weeks which will be favourable to the employee if he chooses not to work overtime, whether it's his choice or his employer's demand.


If your friend is not prepared to work "flexibly" then it is probably best he does not accept the job.

If he were to accept the job and then give this 3 month notice and not work similarly to the rest of his colleagues then he is unlikely to fit into the company's culture - meaning that he would likely be at risk of them terminating his contract which they can do at anytime during the first 2 years without cause.
This is not at all unusual as already mentioned, so i wouldn't worry too much about it. I had to sign this in my contracts but it never came to anything. Just standard protocol to enable employees to work longer if there is an emergency.

The employer often pay overtime or allow time off in lieu when you have to work more than 48 hour week. Especially in IT, emergency can happen and all hands need to be on deck to save the ship
LordLardy18 h, 0 m ago

Thanks for the useful advise guys, apparently this is a clause in the …Thanks for the useful advise guys, apparently this is a clause in the contract, not a separate page. Sounds like by signing this clause, the employer is entitled to ask the employee to work over 48 hours per week and employee is bound to oblige. Is that a fair statement? thanks.


Hi, it is not a legal requirement that you MUST work over 48 hours if asked. It is also on an average of over 48 hours for x amount of weeks.

I have this in my contract at my new place and I also had it in my old place which I refused to sign.

Standard issue I believe
19alexanderson911 m ago

Hi, it is not a legal requirement that you MUST work over 48 hours if …Hi, it is not a legal requirement that you MUST work over 48 hours if asked. It is also on an average of over 48 hours for x amount of weeks.I have this in my contract at my new place and I also had it in my old place which I refused to sign.Standard issue I believe


It is mainly allowing you to work over 48 hours if you want to, not that the company can force you to
Post a comment
Avatar
@
    Text

    Top Discussions

    Top Discussions

    Top Merchants