Agreement To Opt Out

The duration of the opt-out agreement is decided by the parties. You can opt out for a fixed period or for an indeterminate period. An opt-out letter from the Working Time Directive is a letter by which employers and workers agree to opt out of the legal maximum working time for workers. It outlines the agreed work model and describes the worker`s right to terminate the contract. Once an opt-out plan has been signed, it applies for an indeterminate period, unless you have expressly indicated that it applies only for a specified period of time. An indeterminate agreement means that you don`t need to renew it at regular intervals. Our clause is valid for an indeterminate period. Workers may terminate an exemption clause, but they must notify you of at least seven days of written termination or an extended termination, up to a maximum of three months, if agreed as part of the opt-out. Our clause requires the worker to give the maximum period of three months to revoke his consent. Similarly, it is said that you will give them three months` notice to end the opt-out, although you are unlikely to wish to do so. You must register all workers who have opted out, but you do not need to keep a record of actual hours of work performed by opt-out workers.

The 48-hour weekly working time limit does not apply if you request the worker`s consent at work in writing, which goes beyond the limit. This is called the opt-out agreement. If your employees work above or near the 48-hour limit, try to get an exemption agreement. The opt-out agreement should explicitly stipulate that the worker agrees to abstain from the legal limit of 48 hours for the weekly duration of the work. If their schedules change, write down the new hours in the agreement. You can terminate your opt-out contract at any time, even if it is part of your employment contract. As an alternative to an opt-out agreement, you use our opt-out clause in employment contracts to abstain from the average weekly working time limit, but if you do, make sure that the workers sign their contracts and that their consent to the provision is completely voluntary.

This entry was posted in Allgemein.