Brussels, 29/03/2011 (Agence Europe) - On 25 March the second phase of consultation of European social partners on revision of the Working Time Directive (WTD - launched on 21 December 2010/ 2003/88/EC) came to a close. The European Trade Union Confederation (ETUC) has just published its response: the revision involves the end of phasing-out of the individual opt-out in the near future, the retention of the reference periods and ensuring compliance with the judgements by the European Court of Justice regarding on call time and compensatory rest (EUROPE 10264 and 10236). Disappointed by the Commission proposals, which aimed to maintain the individual opt out and extend the reference periods, the ETUC states that it is prepared to begin negotiations with BusinessEurope (employers), UEAPME (craft workers and SMEs) and CEEP (European Centre of Employers and Enterprises providing Public services), which will be aimed at introducing an overhaul of the Working Time Directive in the interests of workers' health and safety.
This is another disappointment to the unions. On 24 March 2010, during the first consultation phase (EUROPE 10105), they expressed regret that their concerns had not been sufficiently taken into account. The proposals to maintain the opt-out and extend the reference periods, in particular, are at odds with the principles of health and safety at work based on evidence and well-founded research (such as, for example, the evaluation of the impact assessment regarding the WTD and the evolution of working time organisation, established by Deloitte, in France, one of the world leaders in auditing and professional auditing and consultancy services).
The ETUC says that what makes this approach all the more inappropriate is the fact that the Commission's implementation report highlights the problems with the conformity between national law and the WTD. In other words, many workers are afforded no protection against excessive working hours, a fact that is harmful to their health and safety and violates their rights. On the basis of such evaluations, the ETUC does not understand how the Commission can persist in proposing to keep the individual opt-out, thereby deliberately putting at risk the health of EU workers
The second consultation phase calls on employers and workers' representatives to give their opinions on key questions such as working time and programming rest periods (these two questions are proving the most difficult to apply in member states), protection against excessive working hours, rebalancing work and family life and clarification of certain legal cases. It is also seeking to establish whether social partners are prepared to negotiate. Depending on what answers are provided from all the different European social partners with regard to the different options for amending the directive on Working Time, the Commission will prepare a legislative proposal, which could be adopted as soon as the on-going impact study is completed in the third quarter of this year. It would then be submitted to the Council and the Parliament for examination and adoption (EUROPE 10282). (G.B./transl.fl)