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Opt Out Agreements

Under the Working Time Regulations 1998 an individual can agree to work over the standard maximum permitted 48hour working week. This is effectively an opt-out on that particular part of the regulations. There is no opt-out available on other aspects of the regulations; such as the paid holiday entitlement.

In order to be valid the opt-out must be in writing. The opt-out may be brought to an end by the individual. The law forbids employers from offering work on the strict condition that the individual signs an opt-out, but clearly if a certain job generally requires working over 48 hours per week the individual has a decision to make when considering that job. Similarly, if the individual wants the benefit of paid overtime which takes him/her over an average of 48 hour working week it will be in his/her own interest to sign an opt-out. (PAYG Opt-out Agreement).

 

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