This would fall outside of the opt-out for the EU time directive.
EU Working time directive
A Member State shall have the option not to apply Article 6 [maximum weekly working time], while respecting the general principles of the protection of the safety and health of workers, and provided it takes the necessary measures to ensure that:
– no employer requires a worker to work more than 48 hours over a seven-day period, calculated as an average for the reference period referred to in point 2 of Article 16(b), unless he has first obtained the worker’s agreement to perform such work;
– no worker is subjected to any detriment by his employer because he is not willing to give his agreement to perform such work;
– the employer keeps up-to-date records of all workers who carry out such work;
– the records are placed at the disposal of the competent authorities, which may, for reasons connected with the safety and/or health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working hours;
– the employer provides the competent authorities at their request with information on cases in which agreement has been given by workers to perform work exceeding 48 hours over a period of seven days, calculated as an average for the reference period referred to in Article 16(b).
Are there limits to the opt out?
• The Directive does not specify limits to the number of working hours the workers can may agree to work through the opt-out…
• However, there are 2 implicit limits:
• 78 hours per week (168 h – 90h of rest)
• Its application must respect the principles of safety and health of workers => even when workers agree, the competent authorities (labour inspectorate) can intervene preventing them from opting–out for reasons concerned with their safety and health.
• The Directive also does not specify the reference period over which the workers may agree to work in excess of the 48 hours.
There are many studies (several by Eurofound) showing the relationship between long working hours, in particular over long periods of time, and outcomes such as more accidents, more mistakes, decreased productivity, more difficulties in work life balance, stress and fatigue, negative impact on health of workers, etc.
