Employment contract

garichd

OH just received a new job offer. The Contract has below clause in it.

“You agree that the 48-hour working week limit in Regulation 4(1) of the working time regulation 1998 will not apply to your employment with the company. If you wish to withdraw your consent to disapplying the weekly limit of 48 hours, You will give not less than 3 months written notice to the company.”

Can someone please help me understanding this clause and is it normal ?

Thanks
Gari..

dmg24

It means that they can make you work more than 48 hours a week (on average).

regularsaver1

who would do more than that?

garichd

dmg24 wrote: »

It means that they can make you work more than 48 hours a week (on average).

Will the clause classed as a normal clause or unfair ?

dmg24

It gives the employee the option to opt out, and in that respect is not unfair. The three months notice is not unfair (though any longer would be), as long as the employee agrees to it by initally signing the contract.

More information is given here:

http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28978.html

regularsaver1, I used to work around sixty hours a week ... I loved my job! x

cazziebo

It's a pretty standard term.

The employer can't make you work more than 48 hours, but if you do choose to work more than 48 hours then they (the employer) are not liable under the working time regulations.

If you didn't sign, and there was ever a time you did work more than that, then the employer would be breaking the law. It really covers the employer.

The way it is worded in this case suggests it's an exempt position, and the clause is just asking you to agree it's exempt. Probably because it's a management level job?

ohreally

garichd wrote: »

“You will give not less than 3 months written notice to the company.”

I seem to recall the termination notice period was 7 days - not 3 months. The opt out was also supposed to be initiated by a written communication from the employee, not incorporated into a contract by the employer - made worse if the response then becomes a deciding factor in offering the position.

dmg24

ohreally,

Check the DTI guidelines (link given above):

Workers can cancel the opt-out agreement whenever they want, although they must give their employer at least seven days’ notice, or longer (up to three months) if this has been agreed.

cazziebo

It's often part of a contract now. However makes more sense to have it as a separate form so that if it is retracted by the employee, then a new contract isn't required.

Whatever, it's usually given out at induction, or goes with contract after acceptance of offer.

Just to reiterate - it doesn't allow the employer to make you work more hours, it only allows the employer to allow you to..

Conor_3

regularsaver1 wrote: »

who would do more than that?

The entire haulage industry is. Average working week 55 hours.

Conor_3

garichd wrote: »

OH just received a new job offer. The Contract has below clause in it.

“You agree that the 48-hour working week limit in Regulation 4(1) of the working time regulation 1998 will not apply to your employment with the company. If you wish to withdraw your consent to disapplying the weekly limit of 48 hours, You will give not less than 3 months written notice to the company.”

Can someone please help me understanding this clause and is it normal ?

Thanks
Gari..

Basically your job is covered by the Working Time Directive. You are signing an opt-out to that so you can work more. If you wish to opt back in to the limit, you have to give 3 months notice in writing.