Brussels, 05/01/2004 (Agence Europe) - In Brussels on 5 January, Anna Diamantopoulou outlined to reporters the Commission's report on the review of Directive 93/104/EC on EU working time legislation. The Commission is launching consultation on the changes (see Europe of 11 September, p.16) and on 31 March 2004 the Commission will decide the direction to take to ensure the directive is respected by all Member States, explained Anna Diamantopoulou. The Commission may decide to launch a new consultation exercise following advice from European social partners. The Commissioner explained that the final decision would be taken in autumn 2004.
The report focuses on the issue of the so-called "opt-out", which allows individuals to waive their rights under the directive, and the definition and calculation of working time. As a result of recent European Court of Justice rulings, more Member States are turning to use of the opt-out. The Commission is consulting on how the directive could be revised in the future The Commission document has three aims: 1) analysis of the implementation of the opt-out and derogations to the period over which working time is calculated ("reference period", Article 17 paragraph 4 and Article 18 paragraph 1b); b) analysis of the impact of recent case law concerning the definition of working time and the qualification of time spent "on-call" - whether it should be "working time" or "rest period"; and c) consultation of interested parties (the EP, Council, Economic and Social Committee, Committee of the Regions and European social partners) on possible future modification of the Directive. The 1993 directive plays a vital role in protecting the health and safety of workers from the effects of working excessively long hours, having inadequate rest and disruptive work patterns. It can also contribute to improved productivity and a better reconciliation of work and family life.
Unveiling the report, Ms Diamantopoulou explained that the UK has negotiated an opt-out, which allows Member States not to apply the limit to working hours under certain conditions: prior agreement of the individual, no negative fall-out from refusing to opt out, and records kept of working hours of those that have opted out. She explained that only in four Member States (Greece, Ireland, Portugal and the UK) does the legislation faithfully reproduce the provisions of the directive, i.e. a reference period of four months for calculating the maximum average weekly working time and the possibility of laying down a longer reference period by collective agreement which, however, may not exceed 12 months.
The Commissioner noted that the main characteristics of the system governing working time in the UK have remained unchanged despite the entry into force of the directive, mainly as a result of using the opt-out. She explained that around '4 million people currently work more than 48 hours a week, although there were only 3.3 million at the beginning of the 1990s.' 65% of the 759 UK companies that responded had asked their staff to sign an opt-out clause. The CBI says the opt-out applies to 33% of British workers. Ms Diamantopoulou said the British labour market was very buoyant and could be used as a model of flexibility for other European labour markets but when it comes to workers' rights, minimum standards had to be met. She said that in her recent talks with the British government, it had explained that it wanted greater involvement of the social partners in implementing the directive nationally.
In response to a reporter who asked whether she or her spokesperson had signed the opt-out, Ms Diamantopoulou smiled and said that managers and those with decision-making powers are totally excluded from the directive.
A press release notes that 'France, Germany, Netherlands, Spain and Luxembourg are preparing or have passed legislation to make restricted use of the opt-out, in certain sectors.' Among future Member States, Malta and Cyprus have transposed the opt-out into their labour laws, while Slovenia applies it to doctors, and Hungary, Latvia, Estonia and Lithuania may use the opt-out in dealing with issues raised by Court of Justice case law.
Reacting immediately to the press release, the Secretary General of the European Trade Union Confederation, John Monks, said he was very disappointed because the Commission had yet again not been able to put forward more concrete proposals regarding the transposition of the directive in national legislation.