Working Time Directive - EU committee votes to scrap 48-hour opt-out within three years

Written by Ian Congreave - Filed under: Working Time Regulations on November 17th, 2008

In June 2008, the EU Employment and Social Affairs Council adopted a common position on the opt-out from the 48-hour week and on what constitutes on-call time – two contentious matters that the governments of the EU states have been arguing over since the UK’s opt-out expired in November 2003. The compromise would allow the opt-out to continue but with new upper limits and other restrictive conditions. The agreement was subject to the approval of the European Parliament.

However, on 5 November, the Parliament’s Employment and Social Affairs Committee voted by a large majority (35 votes for, 13 against and 2 abstentions) to adopt a report that differs significantly in some respects from the Council’s agreed position. The Committee agreed that:

the opt-out (officially known as the “non-participation clause”) should lapse three years after the reformed directive enters into force
the full period of on-call time, both the active and the inactive period, should be counted as working time
compensatory rest periods, where workers have been unable to take their normal rest periods, should be granted at the of the working period
the 48-hour working limit should apply across all jobs held by the worker and be the sum of the period of work undertaken under each contract
categories of worker not covered by the directive should be chief executive officers (or people in comparable positions), senior managers directly subordinated to them and persons who are directly appointed by the board of directors.

The vote on 5 November had been brought forward from the scheduled date of 2 December to allow time for informal negotiations with the Council with a view to reaching a possible compromise ahead of the plenary vote in Parliament on 17 December in Strasbourg. An absolute majority (i.e. 393 votes in favour) is required at the plenary session to confirm the amendments proposed by the Employment Committee, or any other amendments to the Council’s common position.

Further information:
Limiting the maximum working week to 48 hours

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Written by Ian Congreave -

Filed under: Working Time Regulations on November 17th, 2008