21st April 2010, 02:19 PM
The conditions attached to the worker's individual consent are tightened by the proposed new directive: member states may allow workers to opt out from the limitation of hours worked so long as this is expressly allowed under a collective agreement (e.g., with a trade union), and if the individual worker consents. The individual's consent is subject to conditions:
- It cannot be given at the same time as the contract of employment is signed or during any probation period
- It has to be given in writing
- It is valid for a maximum of one year (renewable)
- No worker can work more than 65 hours in any week
- Employers are obliged to keep records of the number of hours actually worked and to make those records available to the responsible authorities if required.