You can terminate your opt-out contract at any time, even if it is part of your employment contract. Your employer cannot force you to terminate your opt-out 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. An alternative to an opt-out agreement is to include our opt-out clause in the worker`s employment contract. If it consists of its written agreement not to apply the average weekly working time limit of 48 hours, it is final. They must therefore have signed the contract as proof of their explicit consent. However, there is an important trap that you need to keep in mind.
The worker`s agreement must be voluntary, i.e. if the contract has been presented to them as a “finished deal” that is not open to negotiation, his agreement will not be a free choice. This may well be the case if the contract is awarded to them for signature before the start of the work, with the consequence of withdrawing the job offer if they do not sign it, especially since there is currently no prohibition on employing someone who refuses to opt out. To combat this, our clause contains a provision that you advised the worker to take independent legal advice in terms of importance and effect. This gives the impression that the clause is open to negotiations and that you are not trying to force them to agree on something they do not understand. 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. Our clause recommends that they seek independent legal advice. I agree [The Worker`s Name] that I am allowed to work more than 48 hours a week on average. If I change my mind, I will notify my employer [time – up to 3 months] to terminate this agreement. signed………………………………………… dated……………………………………………. This is permissible because it is part of the original agreement you entered into when you established a relationship with the bank and you signed a lot of small print (or accepted these fine print using your services).
You did not have the initial agreement with you who approved this practice, and you do not offer any commercial service that you accept permanently by them.