Brussels, 27/09/2013 (Agence Europe) - On Thursday 26 September, the European Commission opened an infringement procedure against France for not respecting the working time directive in hospitals. The two main grievances against the French authorities are flouting the 48-hour weekly working time limit and not respecting the required minimum rest periods after working extra hours at night. France has two months to amend its legislation. If it exceeds this deadline it will be taken to the Court of Justice.
France is long overdue in coming into line with European legislation. In August, various French unions pointed out that the French government's plan for amending the organisation of working time for hospital doctors was insufficient. The European Commission is currently of the same opinion. Firstly, it criticises the fact that “the doctor may be required to work hours over the 48-hour limit in several situations”. Secondly, it criticises the lack of legal protection for a doctor if he refuses to work the extra hours. Thirdly, the rules for calculating the working time are unclear. Lastly, the Commission criticises the fact that “current practices in public hospitals mean that doctors who are called out at night to deal with emergencies after their normal working hours sometimes cannot take adequate rest before having to return to work”. Nevertheless, the directive is very clear on this point: workers have the right to a minimum daily rest period of 11 consecutive hours in every 24. (JK/transl.fl)