Forced to opt out of Working Time Directive?

veryconfused20

Hi there,

I'm due to take up a new job, and one of the forms I've been told to complete prior to starting employment is to opt out of the Working Time Directive and allow me to work over 48 hours a week.

Obviously I'm not being 'forced' to sign it in that I have a gun to my head, but it is either sign it or find another job, and I don't particularly like the idea of giving up this protection.

Is this common practice among companies these days?

Thanks for any answers

whitegoods_engineer

Yes and it's totally wrong. The whole idea of the wtd is to protect against abuse by employers but they simply provide a form at the offer stage which, if not agreed to, means you don't get the job.

Completely against the spirit of the legislation but employers seem to think they 'own' employees and behave as such.

agrinnall

Sign the opt out, then when you start work opt back in. As it's a legal right I think to be dismissed because of it would automatically be unfair.

http://www.worksmart.org.uk/itsabouttime/optin.php

TBagpuss

It would be automatically unfair, but the level of compensation payable might be low.

dancingfairy

What is the culture of the place actually like and particularly in your department/role do you think (from interviews etc)?
In some places I guess it's just to cover themselves in case someone needs to work overtime and it might be that in some departments it may be necessary but in others you wouldn't need to work overtime but to keep life simple they make everyone sign the form.
I can understand you being wary but you have a few choices - 1) sign it and see how things go or 2) don't sign it and kick up a fuss or 3) don't take the job.
Maybe have an informal chat with them about it, but obviously if you start enforcing your rights it's not going to be the best start to your new job and you may find yourself looking for a new one sooner rather than later
It's a difficult position to be in.
df

patman99

All the jobs I've had since 2010 have been via Agencies (not by choice, but hey-ho) and they ask you to fill-in the opt-out to cover them.
The reason being that they have no idea of the overtime situation at a hirer and therefore need to cover themselves (as your employer) just in case there is plenty of overtime available and you decide to work it.

If you work loads of overtime anyway, then it is worth signing it. If you are the sort of person who will not (or cannot) work overtime, then sign it, wait a month then opt back in.