Brussels, 21/08/2012 (Agence Europe) - On 20 August, the European Commission agreed to a joint proposal from the European social partners to extend the negotiating period on reviewing the working time directive to 31 December 2012.
Given the huge changes that have taken place in the working world over recent years, the Commission consulted European social partners in 2010 regarding possible amendments to the working time directive (2003/88/EC). Under the TFEU (Treaty on the Functioning of the European Union), the Commission must consult with management and labour at EU level before proposing any changes to EU social legislation, including EU labour law. Under the treaty, European social partners may, if employer and worker representatives concur, enter negotiations themselves on what changes should be made. Upon completion of consultation conducted by the Commission with European intersectoral social partners, the latter informed the Commission, in November 2011, of their joint decision to begin talks on reviewing the working time directive (see EUROPE 10496).
Management and labour have nine months in which to complete their talks but this may be extended if the social partners and the Commission so agree. That is what happened on Monday 20 August. Given progress made, the Commission decided to agree to extending talks on the directive, initiated early December 2011, until 31 December 2012.
Under the TFEU, social partners enjoy autonomy as regards the content and structure of their negotiations. The Commission does not comment on the content or scope of those negotiations. If the social partners reach an agreement, they are entitled under the TFEU to ask for its implementation as a directive. The Commission would then present the social partners' agreement to the EU's Council of Ministers in the form of a directive. Under the Treaty, the Council may either adopt the agreement as a directive or reject it by qualified majority, but may not amend it. The European Parliament is informed, but is not a co-legislator.
If the social partners do not reach an agreement, the Commission would then come forward with a legislative proposal to amend the directive, based on its previous consultation and impact assessment work. (OL/transl.jl)