S.L. 452.87 Art. 20Final provisions.

(1) The provisions of regulation 7 shall not apply in relation to a worker who has agreed with his employer in writing that it should not apply, provided that the employer takes the necessary measures to ensure that:

(a) no worker shall be required to work more than forty-eight hours over a seven-day period, calculated as an average for the reference period referred to in regulation 14(b), unless the employer has first obtained the worker’s agreement to perform such work;

(b) no worker shall be subjected to any detriment by his employer because he is not willing to give his agreement to perform such work;

(c) the employer keeps up-to-date records of all workers who carry out such work, which shall include the specific number of hours to be worked by the employee in a particular reference period;

(d) the records are placed at the disposal of the Director, who may, for reasons connected with the safety and, or health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working hours;

(e) the employer provides the Director at his request with information on cases in which agreement has been given by workers to perform work exceeding forty-eight hours over a period of seven days, calculated as an average for the reference period referred to in regulation 7(3)(b).

(2) Any written agreement pursuant to what is stated in subregulation (1)(a) shall be terminable by the worker by giving no less than seven days’ written notice to his employer or any other longer period, not exceeding three months, that is stipulated in the written agreement.

(3) It shall be the duty of the employer to:

(a) keep adequate records to show that the limits specified in regulations 7 and 9, and the requirements pursuant to regulation 10 are being complied with in the case of any workers to whom these regulations apply, and

(b) to retain such records for at least two years from the date on which they are made.

(4) When an employer fails to keep records under any relevant provision in these regulations in relation to an employee, the onus of proving, in proceedings before a Court, that the said provision was complied with in relation to the employee shall lie on the employer.

Unfair dismissal and other offences