European UnionMy employer claims I opted out of the 48-hour working time limit. Can I revoke this?
Yes, you can revoke your opt-out from the 48-hour working week at any time by giving your employer at least seven days’ written notice — unless your contract specifies a longer notice period, up to a maximum of three months.
What the Law Says
The EU Working Time Directive sets the legal framework for maximum weekly working hours and opt-out rules across member states. National laws implement this directive, but the core rights — including the right to revoke an opt-out — derive directly from EU law.
The EU Working Time Directive (2003/88/EC) establishes a maximum average working week of 48 hours, including overtime. Workers may agree to work more than this limit only if they do so voluntarily and in writing — this is called an 'opt-out'.
Crucially, the Directive guarantees that workers can withdraw their consent to opt out at any time. Member states must ensure national law allows revocation without undue restriction.
Article 22(1) of Directive 2003/88/EC explicitly states that the opt-out must be 'freely agreed' and that 'the worker shall have the right to withdraw his or her agreement to perform such work at any time'.
Statutory Textthe worker shall have the right to withdraw his or her agreement to perform such work at any time
— Directive 2003/88/EC, Art. 22(1) — Opt-out arrangements
What Courts Have Said
The Court of Justice of the European Union (CJEU) has confirmed that the right to revoke an opt-out must be effective, unqualified, and not subject to employer approval.
The CJEU held that national laws must ensure workers can exercise their rights under the Working Time Directive effectively — including the right to revoke opt-out agreements freely and without conditions imposed by employers.
The CJEU ruled that UK law at the time violated the Directive because it allowed employers to impose up to three months’ notice for revocation — but only if that period was agreed in advance and did not undermine the worker’s free right to withdraw consent.
What to Do
Write a clear, dated letter (or email with read receipt) stating you are withdrawing your opt-out agreement under Article 22(1) of Directive 2003/88/EC.
Specify your intended end date for the opt-out — this must be at least 7 days after your notice is received, unless your employment contract lawfully requires longer (up to 3 months).
Keep a copy of your notice and proof of delivery.
If your employer refuses or delays compliance, contact your national labour inspectorate or trade union — or file a complaint with the relevant national court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.