48 Hours Opt Out Agreement

For use with Terms of Engagement of Nursing/Healthcare Staff


Definitions

In this Agreement the following definitions apply:

Client

means the person, firm or corporate body engaging the services of the Worker


Employment (Nursing) Business

means HMR Care,
Unit 15 New Fields Business Park, 2 Stinsford Road, Poole, Dorset, BH17 0NF


Nurse/HCA

Name: ___________________________


Working Week

means an average of 48 hours each week calculated over a 17 week reference period.

References to the singular include the plural and references to the masculine include the feminine and vice versa.

The headings contained in this Agreement are for convenience only and do not affect their interpretation.


Assignment

means the period during which the Nurse/HCA is engaged to render services to the Client

Restrictions

  • The Working Time Regulations 1998 provide that the Nurse/HCA shall not work on an Assignment(s) with the Client(s) in excess of the Working Week unless she agrees in writing that this limit should not apply

Consent

  • The Nurse/HCA hereby agrees that the Working Week limit shall not apply to the Assignment(s)

Withdrawal of Consent

  • The Nurse/HCA may end this Agreement by giving the Employment (Nursing) Business one weeks notice in writing.
  • For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Nurse/HCA of an Assignment with a Client
  • Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect

The Law

  • These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Court of England & Wales

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