WORKING HOURS DISCLAIMER, is this legal in Ireland ?

ChrisD

I have been requested by my new employer to sign a:

WORKING HOURS DISCLAIMER
Agreement To Opt Out Of The 48 hour Maximum Weekly Working Hours
I (the undersigned)

1. understand that I am entitled to have my average working time limited to 48 hours per week

2. agree that the 48 hour limit shall not apply in my case

3. accept that this agreement applies until I terminate it in accordance with clause 4 below

4. accept that if I wish to terminate this (opt out) agreement, I must give 1 months notice in writing to my employer

5. accept that this agreement is made in accordance with Regulation 5 of the Working Time Regulations 1998

Is this legal and normal practise in Ireland.

Thank you

Oryx

There is an opt out clause to the eu law on hours but Im not sure if its enacted in ireland. It is in the uk but you cannot be penalised for refusing to sign a waiver such as you show above.

Stheno

Oryx wrote: »

There is an opt out clause to the eu law on hours but Im not sure if its enacted in ireland. It is in the uk but you cannot be penalised for refusing to sign a waiver such as you show above.

I'm fairly sure the clause applies here too if employees choose to sign it

P. Breathnach

Is this job in Ireland? It looks to me as if the Working Time Regulations 1998 provisions mentioned are the UK version: http://www.legislation.gov.uk/uksi/1998/1833/regulation/5/made

Manach

My understanding is the exemption was a UK only opt-out and working time falls under Irish Legislation which cannot be signed away (with the usual exception for catagories like emergency workers and the hours being averaged over a time period) ?

MarkAnthony

Manach wrote: »

My understanding is the exemption was a UK only opt-out and working time falls under Irish Legislation which cannot be signed away (with the usual exception for catagories like emergency workers and the hours being averaged over a time period) ?

FWIW this is my understanding as well. Contracts drafted with E&W in mind are frequently used here. That's an English statute referred to also.

Stheno

Manach wrote: »

My understanding is the exemption was a UK only opt-out and working time falls under Irish Legislation which cannot be signed away (with the usual exception for catagories like emergency workers and the hours being averaged over a time period) ?

Ah sorry I was thinking of the exception

Fred Swanson

This post has been deleted.

cobhguy28

You can not opt out of this in Ireland. Some sectors have different rules doctors ect. The 48hr rule is calculated over a number of weeks so you can work more in some weeks as long as the average stays under the 48. Your company will be liable if it is found that you are working more than an average of 48hrs even if you agreed to it.

"5. accept that this agreement is made in accordance with Regulation 5 of the Working Time Regulations 1998"

This is the English legislation where you can opt out however this is NOT the case in Ireland.