Regulation 5

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Maximum working hours, overtime, weekly rest and leave

Regulation 5 provides for the possibility to opt out of the 48-hour maximum week as set out under Regulation 4, through written agreement between the employer and the employee.

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Regulation 5(1):

Ability to opt out of the 48-hour maximum week through written agreement between the employer and the employee.

Regulation 5(2):

Such agreement can be indefinite or for a set period of time and is terminable by the employer giving 7 days’ notice (unless otherwise agreed)

Law / United Kingdom / Working Time Regulations 1998

The Working Time Regulations set the maximum working hours per week, for regular and night-workers.  The Regulations include an “opt-out” through written agreement, as well as exclusions for certain sectors.

The Regulations implement the EU Working Time Directive 2008/88/EC.  The European Commission is currently reviewing this Directive, due to the frequent usage of the “opt-out” provision, particularly by large organisations.