I've had that in contracts, but have always crossed it out. I suggest you do the same.

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.

> I've had that in contracts, but have always crossed it out. I suggest you do the same.

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.

Well for one, you can’t just cross out a section of a contract, sign it, and have that be binding. The other party has to know about it (by you telling them) and then agree to those terms.

In the esig case, you’d need to talk to HR to have the provision removed.

> you can’t just cross out a section of a contract, sign it, and have that be binding. The other party has to know about it (by you telling them) and then agree to those terms.

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.

Why crossing it out if this is illegal and non-enforceable ? This is raising a flag that could be avoided

The limit in the UK is 48 hours. Beyond that they can ask, but they can't legally tie it to an offer.

technically it's the EU working hours directive that's binding (or being opted out of) in the UK

It's correct that it was the Working Time Directive that required the UK to add it to UK law in the first place (over the strident objections of the Tory government at the time) but it is the Working Time Regulations Act 1998 that provides this regulation in the UK, and since Brexit the EU Working Time Directive 2003 has no legal force in the UK.

EU directives never had any direct legal force in the UK, or any other member state. The point of the directive is to say "all EU members need national legislation which meets these standards". It's then up to the member states to implement national laws using their own unique systems which meet the requirements of the directive.

As you said, the Working Time Regulations Act 1998 is the UK law implementation of the EU Working Time Directive 2003.

To be fair, I've had the same thing but never had an issue just working my contracted hours

Just not for free, then it wouldn't be work, it'd be an hobby :D

There are contract rates for how much overtime should be paid. Just ask to be paid.

As I understand it, before it went off in a huff, the UK was the only European country which allowed a _general_ opt out of the working time directive (many allow it for medical workers, and sometimes for other emergency workers). Accordingly, of course, many if not most UK employers obtain such an opt-out.

This is the default in the Netherlands for many office jobs as well. Usually in the form of 'Subclause 2: The nature of the job may demand work beyond the stated hours in subclause 1. If this occurs, no additional payment shall be made'.

Never had a job where that wasn't a clause in the contract.

These kinds of clauses seem toothless to me.

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.

Being willing to work 40.5 hours fulfills this addendum. It doesn't mean anything more than that, nor does it apply to if you are still okay sometime in the future.