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Working Time Directive: Background [Demonstration]
Welcome to the demonstration page of the smallbusinesseurope Working Time Directive 'Background and Latest Developments'. Below is an example of the information featured on the page. New clients will have full access to the information presented here and on all the issues currently being tracked.
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Legislative Procedure: Co-decision
| Title | Organisation of working time (amend. Directive 2003/88/EC) |
| Rapporteur | Alejandro Cercas (PES, Spain) |
| Co-Rapporteur | Liz Lynne (ALDE, UK), Jose Silva Peneda (EPP-ED, Portugal) |
| Lead Committee | Employment and Social Affairs |
| Co-committee | Industry, Research and Energy; Women's Rights and Gender Equality |
| Reference No. | COD/2004/0209 |
Background
Existing Working Time Directive (93/104/EC)
The directive lays down minimum safety and health requirements for various aspects of working time including maximum weekly working time, rest breaks and annual leave. The directive sets a limit of 48 hours per week up to which an employee can work although voluntary opt-out provision means that members states may allow workers to exceed this limit on average weekly working hours provided that they have official agreement of individual workers.
The directive requires employers to ensure that:
- A worker should not work more than 48 hours per week on average (defined as "over a period of 17 weeks"), unless he/she opts out of this arrangement, i.e. agrees to work longer than 48 hours.
- A worker is entitled to 4 weeks paid holiday per year. Part-time workers are entitled to paid pro-rata annual leave.
- A worker is entitled to a minimum 20-minute rest break (to be taken during the period, not at the start or end of the period) if he/she works for a period longer than 6 hours.
- Employers need to keep records to demonstrate compliance with the directive. It is left to the discretion of the employer as to the most appropriate method of keeping these records and of ensuring compliance.
Commission proposal for review of the Working Time Directive
On 22 September 2004 the commission published its proposals for the review of the Working Time Directive, after discussions with the social partners and within the European Parliament. The proposed review covers three main areas: on-call time, the reference period for calculating working time, which member states would be able to extend from 4 to 12 months after consultation of the social partners, and the individual opt-out. Currently extension of the reference period can only be granted if a collective agreement is reached.
The individual opt-out from the 48 hour week, widely used in the UK, would still be possible, but with stricter conditions: companies which have a collective bargaining agreement with a trade union would have to obtain the agreement of the trade union in order to enforce the opt-out. This would only be the case if the union has the power to negotiate on working time. This is dictated by national law.
For companies where no collective agreement is in force and there is no employee representation, individuals would be able to negotiate the opt-out directly with their employer (as is the case now). A directly-negotiated opt-out to the 48 hour week would also be subject to stricter conditions: the employer would not be able to obtain the employee's consent at the same time as signing the employment contract or during an employee's probation period and the individual opt-out would have to be renewed annually.
In addition, the requirements for reporting the actual number of hours worked by those employees opting out of the 48 hour week, are more stringent. No employee who has signed an opt-out agreement will be allowed to work more than 65 hours per week, unless through a collective agreement - this will have an impact on companies that need staff to work longer hours in peak periods. A review on the application of the opt-out would have to be produced by the commission within five years.
The commission believes that the proposal is balanced, in protecting the health and safety of workers, without hampering the competitiveness of EU businesses. Many UK business groups disagree, stating that the new conditions applied to the opt-out from the 48 hour week take away individual employee choice and hamper flexibility. Union representatives, however, believe that the proposal does not go far enough in securing workers' health and safety.
Latest Developments - (For a complete version of the text below, please click here)
Key Areas of agreement at Employment Council 9 June 2008
On-call time: The text introduces a distinction between "active" and "inactive" on-call time...read more
Individual opt-out. A worker can agree to work longer than the maximum limit of 48 hours per week through the individual opt-out...
Reconciliation of work and family life:
The text provides that the Member States should:
a) encourage the social partners....read more
b) ensure, without prejudice to Directive 2002/14/EC...read more
c) in accordance with national practices, also encourage employers...read more
Review clause. The European Commission will review and report on application of the directive and in particular on the individual opt-out clause four years after transposition and, if necessary, adopt proposals to reduce excessive working hours.
Next Steps
The Council text has to be re-drafted...
Development History (For a complete version of the texts below, please click here)
November 2007: The Employment Council working group, comprising representatives of the member states, met again on 13 November to discuss the draft Agency Work Directive...read more
September 2007: During a presentation to the European Parliament's Employment Committee, the Portuguese Employment Minister, José Vieira da Silva, stated that the Working Time Directive would be on the agenda of the October Employment Council...read more
November 2006: Despite a flurry of speculation in the preceding weeks, no agreement was reached on the review of the Working Time Directive at the Extraordinary Employment Council on 7 November...read more
October 2006: The Finnish Presidency have convened an extraordinary Employment Council meeting on 7 November to discuss the Review of the Working Time Directive, which has been blocked in council for 18 months...read more
September 2006: An extraordinary council meeting is due to take place on 7 November to discuss the Review of the Working Time Directive...read more
July 2006: The Finnish Presidency emphasised at a meeting of the European Parliament's Employment Committee in July, the need to find a solution to the impasse in the council over the Working Time Directive and underlined Finland's hopes to reach and agreement...read more
June 2006: No agreement at 1 June Employment Council. Austrian Presidency's proposals for political agreement retained the opt-out, with tightened conditions...read more
May 2006: Austrian Presidency working towards political agreement at Employment Council on 1 June. Not clear whether an agreement will be possible and bargaining is certainly likely...read more
March 2006: Ministers at Employment and Social Affairs Council on 10 March did not debate Working Time Directive...read more
December 2005: Employment & Social Affairs Council on 8/9 December discusses proposed review of the Working Time Directive. No agreement forged between member states, despite UK Government proposing a compromise solution, which retained the opt-out, but with more conditions...read more
September 2005: Increasingly unlikely that significant progress will be made in council during UK Presidency...read more
June 2005: During Employment Council on 2/3 June, ministers fail to come to an agreement on the directive...read more
May 2005: 10 May European Parliament adopts 345 votes to 264 Cercas' report on the review of the Working Time Directive...read more
April 2005: European Parliament's Employment & Social Affairs Committee on 20 April adopts Cercas' report on the review of the Working Time Directive...read more
January 2005: Discussion with social partners takes place in European Parliament Employment & Social Affairs Committee on 17 January...read more
December 2004: Review of the directive on agenda at Employment and Social Affairs Council 6 December. Ministers reached partial agreement on this issue...read more
November 2004: Discussions on review of the working time directive are currently taking place in council working group...read more
October 2004: 6 October first exchange of views on new commission proposals in European Parliament Employment and Social Affairs committee...read more
September 2004: 22 September Commission publishes its proposals for the review of the Working Time Directive. Commission believes proposal is balanced...read more
June 2004: European Commission begins second phase of its consultation on the review of the directive, calling on the social partners to come up with legislative proposals to amend existing directive...read more
May 2004: In Commission consultation most UK SME membership organisations call for an extension of the reference period for calculating working time to 52 weeks...read more
March 2004: Review of Working time Directive discussed informally between ministers at the Employment Council on 4/5 March...read more
February 2004: European Parliament plenary 11 February adopts Alejandro Cercas' own-initiative report, calling for the end of the opt-out provision by 370 votes to 116, with 21 abstensions...read more
January 2004: 5 January Commission issues its Communication (consultation document) on the Review of the Working Time Directive...read more
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