When to use it
An agreement to allow an employee to choose to work more than an average 48 hours a week. This is known as an 'opt-out agreement', which should be separate from the employment contract.
An employee can not normally work more than 48 hours a week on average when averaged over 17 weeks. This law is sometimes called the 'working time directive' or 'working time regulations'.
They can choose to work more by opting out, which can be done using this agreement.
Agreement to disapply the 48-hour working week
This Agreement is made between:
[Company name] Limited registered in England and Wales under company number (number) whose registered office is at [address] (‘the Company’); and
[Name] of [address] (‘the Employee’)
And hereby states as follows:
The Working Time Regulations 1998 provide that an employer is required to take all reasonable steps to ensure that workers do not work more than an average of 48 hours a week over a 17-week period. However, a worker may voluntarily agree to work more than the 48-hour average weekly limit.
The Company and the Employee hereby agree that
The full Agreement to disapply the 48-hour working week form template will be available once purchased.
Reviewed 23 March 2022
An employment contract is an agreement that covers the working relationship of a company and an employee. It allows both parties to clearly understand their obligations and the terms of employment.
To change a contract requires agreement between both parties, or reasonable notice if agreement ultimatey cannot be sought.