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Can I opt out of the 48-hour limit?

Most people can sign an agreement as an individual to opt out of the 48-hour limit and thus lose your protection against working long hours. This must be an individual choice. There cannot be a collective or workforce agreement for everyone to sign away their rights. You also have the right to opt back in, at any time.

Your opt-out agreement may contain the notice that is required for you to opt back in again. The longest it can be is 3 months. If there is no limit, then you can regain protection in seven days. If you are given an opt-out form with a 3-month notice period, you may want to suggest that the notice period is shortened.

Note that there is no opt-out from the 48-hour limit on night work, or from any of the other part of the regulations.

In addition, there is no opt-out for HGV and PSV road transport drivers or for inland waterway and lake transport workers. Separate rules apply to seafarers and air cabin crew.