Rotas and work plans should be compliant and additional work outside this period should be agreed with the doctors involved. An application must not be based on a doctor`s authorization to opt out of the regulations. If you think you have sacrificed, speak to a BMA advisor. You`ll find an opt-out chord model within 48 hours of opt-out TP19.01. Under the provisions of the collective agreement, employers are required by law to implement these safeguards. If employers refuse to address the problem of hours worked beyond the 48-hour limit and, therefore, if they are infringed, they can be subject to legal action. Other provisions can be revoked. However, the Advisory Committee strongly recommends that physicians do not exit the collective agreement and receive full protection under this Health and Safety Act. If you opt out, make sure your time is properly recognized and paid for. An opt-out contract is only valid if the employee freely approves it and tries to lobby for it to be signed illegally.
It is therefore preferable to have a separate opt-out agreement. Do not enter it in the letter of offer or in the employment contract. We also heard reports of some members being asked to stay in the workplace for periods of study and to support professional activities. There is no national agreement on this and the Local Bargaining Committee (NCR) should be involved when this request is made. Being at your workstation to study or during the SPA period should not mean that you are also on request, as this will disrupt your study period. It is also unfair to dismiss a worker or put him at a disadvantage because he refuses to sign an opt-out agreement or to terminate a signed agreement. The limit for night work is an average limit of eight hours for the normal hours of a night worker per day. Here too, the average night work time is over a reference period of 17 weeks. The reference period may be longer if it is agreed under a collective agreement or staff. You can terminate your opt-out contract at any time, even if it is part of your employment contract. Jaeger stated that compensatory rest should occur as soon as possible after the expiry of the working time.
The BMA shares this view and we recommend that the NCS (Local Bargaining Committees) ensure that local agreements recognize the importance of taking time off as quickly as possible after the rest period has been interrupted.