| Firstly, the WTD makes mandatory a number of things that cannot be opted out from. The only thing opt-outable is the maximum of 48 hours work per week on average, and it is left to member states to legislate how that opt-out works (should they choose to have the opt-out at all). In the UK, to pick a specific example, it is a combination of some workers not being allowed a choice of opt-out (e.g. healthcare workers, self-employed, "gig workers"), some union workers derogating that right to their unions collective bargaining... but for every other worker, the 48 hours is the law. You cannot mandate it in a contract. You can't advertise a job where you set the hours and those hours are on average over 48 hours per week. It's not a valid job and you are immediately in breach of statutory law. https://www.acas.org.uk/working-time-rules/the-48-hour-weekl... https://www.acas.org.uk/working-time-rules/jobs-with-differe... > Any particular relevant cases I can lookup? You'll have to look at member states cases, it's on them to define how the opt-out works. One example: https://assets.publishing.service.gov.uk/media/61123e81e90e0... "In respect of the 48 hour week the claimant had not signed an opt out and as such if the claimant was working in excess of 48 hours average across
the week then her right was being infringed. It is not in dispute that this is a statutory right capable of protection." UK's Employment Rights Act 1996 section 101A: https://www.legislation.gov.uk/ukpga/1996/18/section/101A |
https://www.acas.org.uk/working-time-rules/the-48-hour-weekl...
Every UK job I have ever seen has the opt out clause in the contract. And they always say "well you can just tell us and we'll remove it" but it's there by default, and they make it clear that they have 800 other applicants for every position so do you really want to risk it?