Brussels, 14/09/2004 (Agence Europe) - The draft amendment of Directive 93/104/EC on various aspects of working time, which has been studied by the social partners upon invitation by the European Commission, will be the subject of lively debate at the College of Commissioners on Wednesday. The different Cabinets disagree on how the working time directive should be amended, but the College is expected to approve the proposal in the form taken after the second consultation period, which has the support of most Commissioners, since the Dutch Presidency wants to make progress on this issue (which will be on the agenda of the Council in Luxembourg on 4 October), explained Antonia Mochan, spokesperson for Commissioner Stavros Dimas. The amended proposal aims to strike a balance between flexibility and safety at work, in other words to ensure workers have health and safety at work by protecting them from the impact of very long hours and very disruptive shift patterns, explained Antonia Mochan, adding that the Treaty promotes discussions between the social partners. (Talks have currently broken down, however.) Commissioner Dimas held a meeting with the social partners in June to try and convince them to get back round the negotiating table (see Europe of 9 January, 19 May, 20 May, 26 May, 17 June and 27 August 2004).
An introductory version of the proposal is currently doing the rounds at the Commission. Going by the Financial Times, it focuses on the issue of the UK's cherished opting out, which the Commission appears to want to ring-fence (the opt out enables workers to opt out of the rights granted to them under the directive). Antonia Mochan said that the differences of opinion on the amended directive cover all four areas of the consultation process, rather than the opt-out clause alone, in other words: 1) conditions for opting out of the 48 hour week (whereby workers are able to work longer than 48 hours a week under certain conditions); 2) following up on the Jaeger and Simap rulings of the Court of Justice whereby time on call (especially for doctors) has to be included as working time; 3) how reference periods are calculated (in other words, the period of time over which the average weekly working hours are calculated (currently 4 months, but this can be extended through collective bargaining); and 4) how to reconcile work and family life.