There is no obligation on a worker to sign an opt-out agreement and they should not suffer any detriment if they choose not to do so.

Can I opt out of the Working Time Directive in Ireland?

There is no obligation on a worker to sign an opt-out agreement and they should not suffer any detriment if they choose not to do so.

How many hours can I work if I opt out?

You can choose to work more than 48 hours a week on average if you’re over 18. This is called ‘opting out’. Your employer can ask you to opt out, but you can’t be sacked or treated unfairly for refusing to do so.

Is the EU working time directive still valid in the UK?

On the 1st January 2021, when the UK officially left the European Union, they gained the power to make changes to employment law including the Working Time Directive (WTD). The European directive of working hours dictates protective minimums and maximums on the employee work week, break times, holiday pay, and more.

Can I refuse to go to a meeting at work?

Your employer can ask you to attend a meeting to discuss matters related to your employment. If you do not agree to attend, your employer can direct you to attend a meeting and you could be subject to disciplinary action if you do not comply. However, you may be able to negotiate the time or format of the meeting.

Can work control what you do outside of work?

A question that commonly arises is whether employers can take disciplinary action based on an employee’s conduct outside of working hours. The short answer is that they can, provided the conduct outside of work has a bearing on the employment relationship.

Can I be forced to OPT out of the Working Time Directive?

The Working Time Directive prevents employees from being forced to work for more than 48 hours in a week, unless they freely consent to opt out of the directive. To opt out of the 48-hour limit, your employees can sign an ‘Agreement to opt out of the Working Time Directive’.

Can I work for more than 40 hours on OPT?

For pre-completion full-time OPT, you can work for more than 20 hours a week but not more than 40 hours a week. You need not have a job offer in hand while applying for an EAD card for a pre-completion job.

Should I opt out of the Working Time Directive?

You should include any time you spend on work you’ve agreed to do for your employer. You should leave out any time you’ve taken off work and rest breaks when no work is done.

Is the Working Time Directive a legal requirement?

In short, yes. The Working Time Directive is a law and cannot be ignored. Legally employers have to comply with all its requirements, and employees have an entitlement to the benefits and protections it provides.

What if an employee refuses to attend a meeting?

If it is reasonable to do so, for example where there is no good cause for the employee’s repeated non-attendance, the employer can hold the meeting in the employee’s absence, taking into account any written representations from the employee, and any other available evidence, before it makes a decision.

Can I refuse a meeting with HR?

If you do refuse to attend the meeting, then your employer can (and quite possibly will) discipline you, and it may make it more difficult to pursue a legitimate legal claim.

What is the European Working Time Directive (EWT)?

The European Working Time Directive lays down minimum safety and health requirements for the organisation of working time in the EU by, for example, establishing that all workers have the right to a limit to weekly working time of 48 hours.

Can an employee opt out of working 48 hours a week?

Article 5 of the EWTD states that a worker may agree with their employer not to apply the limit of 48 hours per week to that worker. This also requires employers to keep a list of which workers have opted out, of how long they have opted out for and how many hours they are working.

Who can opt out of the EU driving opt-out agreement?

other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors You can cancel your opt-out agreement whenever you want – even if it’s part of your employment contract.

What are my rights if I Opt-Out of Working Time Directive?

Opted-out workers are still protected by Working Time Directive limits on rest breaks and holiday entitlements, so you must comply. The opt-out does not remove these duties. For all queries about employment rights, best practice and policies, and resolving workplace conflict, you can contact ACAS through the Acas Helpline Online.