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Agreement to opt-out of the 48-hour working week

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Use this model agreement to allow an employee to choose to work more than an average 48 hours a week.

Reading time
How long to understand and implement this template?
5 mins
Word count
How many words in this template?
194
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What is an Agreement to opt-out of the 48-hour working week?

An employee can not normally work more than 48 hours a week on average when averaged over 17 weeks. This law is sometimes called the 'working time directive' or 'working time regulations'.

They can choose to work more by opting out, which can be done using this agreement. This is known as an 'opt-out agreement', which should be separate from the employment contract.

Applicable legal jurisdiction
In which jurisdiction can this template be used?
Great Britain & NI (United Kingdom)

Agreement to opt-out of the 48-hour working week

This Agreement is made between:

[Company name] Limited registered in England and Wales under company number (number) whose registered office is at [address] (‘the Company’); and

[Name] of [address] (‘the Employee’)

And hereby states as follows:

The Working Time Regulations 1998 provide that an employer is required to take all reasonable steps to ensure that workers do not work more than an average of 48 hours a week over a 17-week period.  However, a worker may voluntarily agree to work more than the 48-hour average weekly limit.

The Company and the Employee hereby agree that the 48-hour average weekly limit shall not apply to the Employee.  This Agreement will remain in force (for a period of one year/ indefinitely).  The Employee or the Company may terminate this Agreement at any time by either giving not less than (three months’) written notice to the other.

Signed:

…………………………………….

For and on behalf of the Company

 

Signed:

…………………………………….

(Name of employee)

 

Date:

……………………………………….

 

Note:

Where a worker has agreed to work in excess of the 48-hour weekly working limit, the employer is required to keep a record of the workers who have opted-out.

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agreement to opt-out of the 48-hour working week