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How many hours do your workers work?
 
Working Time – Recording Hours/Opt-Out Agreement
Employment Law Simplification Review
 
We have created the attached flow chart, which we hope will help employers understand and meet their obligations in relation to two aspects of the Working Time Regulations which were highlighted in the Employment Law Simplification Review.  It is based on existing guidance but presented in a way which should help you to identify what record keeping is required. It will also signpost you to more detailed guidance on working time record keeping and an example of an opt-out agreement form which you might use.
 
You should note that workers can agree to work beyond the 48-hour weekly limit but workers must not be forced to work more than 48 hours on average over a 17 week period.
 
Your payroll records should be enough to satisfy maximum record keeping requirements on working hours. In many cases – for example, when employees are paid hourly or clock in and out – records of hours worked which are already kept for other purposes should also satisfy the working time statutory requirement. There are additional record keeping requirements covering working hours for young workers and where work involves special hazards or night work.