No employer I've seen has ever questioned it, they know it'd be illegal for them to actually force you to opt-out your of your rights. If they put it in writing that it was a conditional part of employment they'd be in hot water.
They're just hoping you just sign away your rights "for free" so to speak.
As of lately, I've seen some web-based signature systems (adobe something something docusign iirc?) and with such systems crossing lines is not an option anymore.
In the esig case, you’d need to talk to HR to have the provision removed.
Yes I think that was implied by the original poster. The company has to counter-sign the modified document, which is why they always get you to sign it first, so they can review before they sign.
As you said, the Working Time Regulations Act 1998 is the UK law implementation of the EU Working Time Directive 2003.
There are contract rates for how much overtime should be paid. Just ask to be paid.
Never had a job where that wasn't a clause in the contract.
If a potential employee isn't willing to agree to work more than 40 hours they either don't take the job, or take the job but refuse to work those extra hours and risk being fired. Being fired is never fun, but the employee is still better off ignoring the contractual obligation there if it was a deal breaker anyway.
These companies don't care about you at all. Put in your hours and always keep looking for the next thing.
I'm a freelancer/independent contractor.
Every time I start a new gig, I make sure to answer private messages few hours later, and never outside the 8AM/8PM timeframe or during weekends. Ever.
I also make it black on white on contracts that I don't do meetings before 9AM or later than 5PM.
I immediately set a habit for people that I might be AFK and that I never ever answer work-related stuff in the weekends.
As months go by I start answering when I see it/have time, rather than purposefully delaying and occasionally I answer a message or a chat in the weekends if I lurk on the channels. Hell, sometimes I even did some work on the weekends too if some deadlines are close (I am still bound to the success of my clients after all) and make up for it when rhythms are lower.
But in the beginning I make sure to always set a tone where I'm just not there online and ready to answer 24/7.
I did the opposite years ago. I would make it a habit for people for always being up and ready, so when I had to do something (from preparing lunch to bathroom breaks) people would instantly assume I was working less or cared less.
I don't do the mistake anymore. Professional? Always. Connected and ready all time? As little as possible.
I just think it’s important we are all deliberate about what is important to us and therefore what we agree to. If the precedent is set early, it helps tremendously, in my experience.
Next, you were reachable so managers especially also bothered you at 7PM (I even sometimes had meetings at a FAANG). In exchange, employees got the freedom often to work in their desired 40 hours as long as things got done.
Now, companies want it both ways where you come in 9-5 AND they want non office hours productivity as well. Somehow we've forgotten the paystubs and employee offer letters say "40 hours of work"