Opt out working time directive/unpaid overtime

LittleVoice

Companies may well ask you to sign an opt out from the over 48-hour average working week not because they would ask you to work that much over-time regularly but because it means they can ask you to work occasional overtime without having to keep a very detailed record of your hours worked. Without it they would need to be able to evidence that you had not worked more than the averaged 48 hours: with it they are saved that administrative burden.


Asking you to opt out does not mean they are going to regularly ask you to do overtime - though they may.

Isitaye

Hi,

Yes you should absolutely ask the only people that can answer your question correctly - the company you are considering joining!


It is imperative that you find out the expectations on you beyond the contract (which in many places means nothing) before deciding to make a move.


If they don't want to be clear about it (which I am sure they will) then they don't sound like the type of company you should be joining IMO.

scooby088

Signing the opt out is general practise with agencies, you either sign it or they dont find you work. You could always sign back upto wtd by giving a reasonable amount of notice.

Moneysaver199

It's not agency work. I wouldn't want to be working anything near up to 48 hours on the salary I've been offered, never mind over 48 hours. The salary is similar to my current salary, but I currently get paid overtime (although I tend not to do much overtime - I'm not financially motivated to do it and have plenty to be doing with my spare time).

I think best to ask the prospective employer what their stance on overtime is....is it expected or is it just a standard clause.

elsien

My contract has the opt out clause in it, with the requirement to give notice to opt back in - this wasn't mentioned at interview. However since starting work, it's been made clear that there is no expectation to do extra hours, paid or unpaid.
I tend to think it was whacked in when the WTD first came in and hasn't been reviewed since. I plan to opt back in anyway, just because I think it's out of order to have it as past of the contract, but just wanted to say it's not necessarily a sinister motive.

Moneysaver199

Well, I see what you are saying elsien, doesn't mean they are planning to get me in overtime really...however it's knowing that they can do so without pay that's a bit worrying! Paying for overtime is often a reason for a company not to want overtime if keeping their costs down...but wouldn't have that. That said, I know there's a part timer in the department, and obviously a part timer isn't going to do unpaid overtime surely...they'd expect the full time salary!

Legally it doesn't sound like it's allowed to be part of the contract to include opt out. There's a mention in the contract about the opt out form and it doesn't say I've got to sign it. I think it refers to an appendix which 'can be signed' or something like that. I'm just more concerned about whether I'd be expected to work significantly more hours for same salary - ie not a worthwhile move!

getmore4less

Moneysaver199 wrote: »

I don't personally think it's relevant or even 'correct' to send it with a contract

Company would be unwise to make it a term of acceptance or even reminding you you forgot to sign it then not giving you the job.

Jinx

Where I work we collect WTD opt outs as part of the employment pack and at the induction its stated it can be either not signed or revoked at any time.


Some roles are paid overtime others are not, additionally there are peak periods for a few weeks a couple of times a year where extra hours are required - it just makes life easier from an admin point of view rather than collecting it just before its needed.