When discussing opt-out with your collaborators, you should take an open approach to ensure that a staff member gives their voluntary consent. Keep notes and records of all discussions about it so that you have an audit trail. Even if a worker has agreed to refuse the 48-hour week, you still have a duty of care to take appropriate measures to ensure the health and safety of your employee. What is considered „night“ could be included in your contract. Your employer can decide which times are considered nightly, but it must be included at least midnight until 5 a.m. The 48-hour limit for weekly working time does not apply if you obtain the worker`s written consent to work across the border.. . .