ok to sign Working Time Directive form?

bob_dob

Hi,
My work colleagues and I have been given a form to sign by our employers regarding the Working Time Directive.
The statement reads 'In agreement with ****** (my employer) accept that the 48hr working week over 17 working weeks, average working limit, under the Working Time Regulations, can be varied as required by the prevailing conditions and circumstances of our working requirement, given reasonable notice of change.
The agreement will remain in force for the duration of your employment with ******
I have read the above and have had the full impact and implications explained to me.'

Please can someone verify that there is nothing negative that can come from signing this declaration?





'

HappyMJ

You don't have to sign it if you don't want to.

The negative that can come from signing it is the employer can ask you to work more than 48 hours a week on average, or work long nights, and you will find it harder to turn it down due to you opting out.

bob_dob

So glad i asked- Thank you for that helpful answer!!
Please may i also ask, if i do not sign it, does this mean that, legally, they can stop me working more than 48hours a week?

HappyMJ

bob_dob wrote: »

So glad i asked- Thank you for that helpful answer!!
Please may i also ask, if i do not sign it, does this mean that, legally, they can stop me working more than 48hours a week?

If you don't sign it they can't ask you to work for more than 48 hours per week (averaged over 17 weeks). You could be asked to do 50 hours one week and that would be OK as long as when added to the last 17 weeks the average is less than 48.

It depends on what you want. What do you do? If you are working through an agency I'd opt out. Travelling time can sometimes be included in working time especially if they pay you mileage.

SarEl

The last sentence cannot be enforced - you cannot sign away your rights for the duration of your employment because the law gives you a right to rescind an opt- out.

bob_dob

Thank you all!!
I work for an engineering company, full time and not an agency.
Really appreciate the answers.

One more thing- Please may i ask why the employer would WANT us to sign this? What advantages would it have/get?
Just the fact that they CAN ask us to work over 48 hours and be perfectly (legally) entitled to?

bob_dob

Thank you all!!
I work for an engineering company, full time and not an agency.
Really appreciate the answers.

One more thing- Please may i ask why the employer would WANT us to sign this? What advantages would it have/get?
Just the fact that they CAN ask us to work over 48 hours and be perfectly (legally) entitled to?

liney

bob_dob wrote: »

Thank you all!!
I work for an engineering company, full time and not an agency.
Really appreciate the answers.

One more thing- Please may i ask why the employer would WANT us to sign this? What advantages would it have/get?
Just the fact that they CAN ask us to work over 48 hours and be perfectly (legally) entitled to?

Because they don't have to monitor the hours you work as closely.

You are entitled to 'opt back in' by giving at least 7 days notice; the employer can designate an alternative notice period to opt back in but it must be no more than 3 months. That's the only thing i'd query.

Ultimately, if you are likely to want to work overtime it's normal to sign an opt out. I have know companies who strategically ensure that the overtime is always offered to 'opted out' staff first, so by refusing to 'opt out' it meant basically meant you never got any extra hours. It's your call.

bob_dob

Thank you!
So basically there is very little to gain from signing this then?

purplepardalis

My company have included the opt out in their contract of employment. They say you can withdraw your agreement by providing 3 months written notice. Is this enforceable?

liney

bob_dob wrote: »

Thank you!
So basically there is very little to gain from signing this then?

That depends on what kind of worker you are. Some people do their 40 hours, no more and no less, and go home. Some people want to work 8 days a week! If you are the latter then by refusing to sign you shoot yourself in the foot.

If you are somewhere in the middle, it depends on what attitude your employer takes. Will they let you work when the overtime is available if you fail to sign, or will they ensure you are never offered any overtime because you didn't 'scratch their back' and make their administration function simple?