Q.7 Can staff who have not opted out work more than 48 hours in any one week? However, if the period of notice is amended by a collective agreement, it may be necessary for the employer to require staff to submit revised opt-out forms. While technically this is a matter for agreement between the individual worker and the employer, there is nothing to prevent a collective agreement being reached. The regulations provide for a minimum notice period of seven days and a maximum of three months. Q.6 My employer requires staff who opt out to give three months notice if they want to opt back in. No - this is a matter that can only be agreed between the individual worker and employer Q.5 Can a collective agreement be reached on opting out of the 48 hour limit? This would, therefore, include all voluntary activities such as work undertaken as trade union branch secretaries and local authority councillors. The working time limits do not apply to any additional hours that the worker chooses to do without being required by the employer to do so. Q.4 What about time spent on voluntary activities? However, where staff have agreed the limit should not apply to them, the employer should not require such information. Some employers are, therefore, asking staff to declare any second jobs in order to consider whether there is a need to reduce their hours to comply with the 48 hour limit. The limit of 48 hours applies to all working time regardless of the number of employers involved. Q.3 Do any other jobs have to be declared? Neither does it include lunch breaks or time spent on-call unless actually working. It includes time spent training and travelling to work site, but does not include routine travel between home and work. Working time is any period in which staff are working. For "special case" workers, the reference period is a rolling 26 week period. Unless the individual worker has agreed in writing that it should not apply to them, the working time averaged over a rolling 17 week period should not exceed 48 hours per week.
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