Opt out working time directive/unpaid overtime

Moneysaver199

Is it a bit odd receiving an opt out of working time directive along with a job contract after being offered a job? Also there is reference to overtime not being payable in the role. The job is in an office but the industry is manufacturing so I do wonder if there's some sort of 'accidental' crossover there.

Attaching it to the contract seems to infer that it should be signed, however surely not legal to 'make' you sign it (ie make it a condition of accepting a job).

There was not talk of overtime at the interview at all. No reason to think overtime was expected until receiving this contract.

Any thoughts/advice? Obviously wouldn't want to be working unpaid overtime anyway, but certainly not wanting to work over 48 hour per week!! Salary is not that good to think that's acceptable either.

getmore4less

Have a good read through the contract for conditions around the hours.

when you say not that well paid, unpaid overtime canot take you below NMW.

Also the terms for opting back into the WTR they should be specified if not the defaults apply.

AIUI it is not legal to make opting out a condition of employment

BUT the ability to dismiss in the first 2 years does put employees at a disadvantage

TELLIT01

If no mention of the opt-out was made at the interview I would be inclined to sign and return the job contract and do nothing with the WTD papers. See what happens.

ohreally

Why would you sign an opt-out to work unpaid?

HappyMJ

Moneysaver199 wrote: »

Is it a bit odd receiving an opt out of working time directive along with a job contract after being offered a job? Also there is reference to overtime not being payable in the role. The job is in an office but the industry is manufacturing so I do wonder if there's some sort of 'accidental' crossover there.

Attaching it to the contract seems to infer that it should be signed, however surely not legal to 'make' you sign it (ie make it a condition of accepting a job).

There was not talk of overtime at the interview at all. No reason to think overtime was expected until receiving this contract.

Any thoughts/advice? Obviously wouldn't want to be working unpaid overtime anyway, but certainly not wanting to work over 48 hour per week!! Salary is not that good to think that's acceptable either.

You don't have to sign it and personally I'd limit unpaid overtime to not much more than 30 minutes per day and I'd make that up by taking a longer lunch break the next day.

Andy_L

ohreally wrote: »

Why would you sign an opt-out to work unpaid?

because you won't get/keep the job if you don't?

shortcrust

Andy_L wrote: »

because you won't get/keep the job if you don't?

Yep. Remember that employers can get rid of you without good reason until you've been employed for two years.

getmore4less

ohreally wrote: »

Why would you sign an opt-out to work unpaid?

opting out has nothing to do with pay just total hours.

ohreally

getmore4less wrote: »

opting out has nothing to do with pay just total hours.

In this case the individual is going to work ot for no pay therefore its absolutely about pay.

Also there is reference to overtime not being payable in the role

.

Moneysaver199

It's a funny one really.

It's a job move. 5 hours more than current hours. Same salary, but good reasons to move. Current job has occasional paid overtime, however I don't like working overtime, even when paid. Too many other things to do outside of work.

Wouldn't want to be working overtime unpaid to start with, and certainly not to take me over 48 hours per week on average so seems very strange. I don't personally think it's relevant or even 'correct' to send it with a contract, as it implies that it's expected to be signed. Contract would need to be signed and notice handed in quite soon so quite risky if anything 'goes wrong' (for example them saying I should sign it after I've put notice in as I wouldn't be happy to sign it!)

Moneysaver199

Andy_L wrote: »

because you won't get/keep the job if you don't?

If that were the case I would rather it were upfront, as I wouldn't want the job if I had to work over 48 hours regularly (ie having the need to opt out) for that salary.

It wouldn't take it below NMW, however it's not an attractive prospect to move to if it were such long hours (which wasn't mentioned at interview).

I'm possibly nit-picking on details in general with it being a job move rather than being out of work at present, however I am finding it rather odd.

Perhaps I should just call or email and ask?