Axing the opt-out provision in the WTD could be problematic for some employers
by Nicky
There is some concern among employers as to how they will maintain sufficient staffing levels if the UK loses its ability for employees to opt-out of the Working Time Directive (WTD) next month.
The WTD places a limit on the number of hours each week that an employee can work. This is currently 48 hours. However, at present there is a provision within the WTD that allows an employee to “opt-out” of this 48 hour working week enabling them to work in excess of 48 hours per week. This is of course dependent upon the individual employee’s job role and may be subject to further restrictions i.e. those who are employed to drive vehicles etc.
Is is of course arguable that it is not practicable in some industries to impose a limit of a 48 hour week, as demonstrated in this article. It is also a clear indicator of problems that some employers may face in the future if the opt-out provision is lost.
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Cheap labour concerns if the WTD opt-out provision is lost next month » PJH Law - Employment Law Blog » Blog Archive said at November 21st, 2008 at 2:58 pm