![]() EU workers work an average of 40 hours a week |
The European Commission proposed a series of changes in 2004, followed by the European Parliament in 2005.
But nothing will and cannot happen until the 25 EU member states agree on the changes they want.
At the heart of the debate is the controversial opt-out, which would allow employees in the UK and some other member states to work more than the generally adopted maximum of 48 hours a week.
What is the Working Time Directive?
This Directive is a European Union initiative aimed at protecting workers from exploitation by employers.
It sets out regulations regarding employees' working hours, rest periods, vacation rights, etc.
One of its main goals is to ensure that no employee in the European Union is obliged to work more than 48 hours per week on average.
When did it become law? Why is it in the news now?
The system was first adopted at EU level in 1993, but the UK did not implement it until 1998.
It is now in the news because the European Commission proposed some changes to this directive in 2004.
Recently, EU Member States and the European Parliament have responded to these proposals.
Congress voted on a series of amendments in May 2005. Member states were unable to agree on a common position.
What are the most controversial issues?
(1) Opt-out. This is a measure that allows workers to agree to opt out of a 48-hour work week. Employers in many states utilize opt-outs, but the most widely used are the United Kingdom and Malta.
(2) Time spent on calls. The European Court of Justice has ruled that on-call time should be counted as working time, and many countries are struggling to keep doctors' average weekly working hours below agreed limits.
What happens to opt-outs?
Although the European Commission is happy to allow the opt-out to continue, it is proposing measures that would make it difficult for employers to force employees to work for more than 48 hours against their will.
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However, some countries want to phase out the opt-out, as does the European Parliament.
Other states, particularly the UK, want to continue. They argue that labor market flexibility helps reduce unemployment.
Britain does not have a veto in this area, so it could be rejected, but support from Germany and Poland has so far avoided this fate.
What about time spent on calls?
The European Commission proposed a distinction between “active” and “inactive” working hours. Inactive time during work is not counted as working time.
Most countries agree to this, but the European Parliament does not. But Congress says inactivity time may be calculated differently.
What happens next?
If member states reach an agreement, the law will be submitted again to the European Parliament for a second reading.
It could take some time for EU member states and parliaments to agree on the text. If they can't agree, the bill will fail.
What else does the Working Time Directive do?
Among other things, we guarantee at least four weeks of paid annual leave. Take at least 11 hours of rest every 24 hours, one day a week. A break if the working day exceeds 6 hours. Night work averages up to 8 hours per 24 hours. Health checkup for night workers.
Are there any categories of workers that are excluded?
To begin with, the Directive did not apply to air, rail, road, sea, inland waterway and lake transport, sea fishing, maritime work, or the activities of doctors in training. However, almost everything is now covered by amendments to the Directive (adopted in 2000) or by separate Directives on road, sea and air transport.
Restrictions on weekly working hours for doctors in training are being phased in as follows: 58 hours from August 1, 2004 to July 31, 2007. 56 hours from August 1, 2007 to July 31, 2009. 48 hours from August 1, 2009.
How many hours do employees actually work?
According to the European Trade Union Confederation, the average working day for a full-time worker in the UK is 44 hours, compared to around 40 hours in the other 14 long-standing members of the EU.
According to ETUC, around 16% of the UK workforce works more than 48 hours a week, and two-thirds are unaware of the 48-hour limit.
France introduced a 35-hour work week.