Brussels, 10/05/2005 (Agence Europe) - During the debate on Tuesday in Strasbourg on the Cercas report concerning certain aspects of working time adjustment (see EUROPE 8943 in particular), Commissioner Vladimir Spidla shared, with the European Parliament Committee on Employment and Social Affairs, the “same resolve” to seek a consensus to guarantee the protection and health of workers in the workplace and to give companies and Member States greater flexibility in the management of working time. However, Mr Spidla said, workers must be protected against futile or excessive flexibility that would have a harmful effect on their health. Vladimir Spidla above all noted that the stance taken by the parliamentary committee on the reference period for calculating the maximum number of hours to be worked each week (48 hours) “is not very far from that of the Commission” (which recommends a standard period of 4 months from which there can be derogation to extend it to 12 months by collective agreement) and “even improves the guarantees due to this extension”. For time on call, Mr Spidla said he “understood the reticence shown by MEPs but cannot accept it”. The Commission considers inactive time on call is not working time. In so doing, the Commission's proposal leaves Member States the possibility to take other provisions for the health of their workers, Mr Spidla said, who cannot accept the EP's amendment whereby any period spent on call, including time spent not working, is to be considered working time. Regarding individual opt out, the Parliament and the Commission have one and the same critical appreciation to avoid abuse and to guarantee the voluntary nature of this clause, Mr Spidla said. The EP, however, hopes to repeal it and the Commission is “willing to discuss with the legislator to reach a compromise”. Mr Spidla pointed out that the Commission could fully agree with a series of amendments by the EP which “clarify and improve the text of the proposal of directive and take into account reconciling family life with professional life”, but also, with possible changes, amendments relating to the period of reference or compensatory rest periods. It rejects, on the other hand, all the amendments referring to opt out, Mr Spidla added, concluding that “the text resulting from good collaboration between the EP and Commission will be more effective and will be the symbol of a social Europe”.