Working Time Regulations - No agreement on opt-out from average 48-hour week

Written by Ian Congreave - Filed under: Working Time Regulations on May 11th, 2009

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In December 2008, the European Parliament failed to achieve a majority vote that would have compelled the European Commission to make provision for phasing out the opt-out from the average 48-hour week.

In February 2009, the Employment and Social Affairs Council, representing the EU member states, put forward a compromise document that met the wishes of the European Parliament in most areas, but in relation to three crucial points, the opt-out, on-call time and multiple contracts. The Council insisted that the opt-out be retained, but with safeguards.

The next stage involved discussions by a conciliation committee, made up of delegations from the Parliament and the Council. However, on 28 April, the committee decided that it was not possible to reach an agreement. This decision was adopted by an overwhelming majority within the European Parliament delegation (15 votes in favour, 5 abstentions and 0 against). The main stumbling block was the opt-out, with the United Kingdom and other member states rejecting any proposal to phase it out.

There was also no agreement on the issues of on-call time and multiple contracts. According to rulings by the European Court of Justice, on-call time should be regarded as working time. This is the position of the European Parliament, in its vote on 17 December 2008. The Council, however, wishes to see a distinction drawn between “active” and “inactive” on-call time. The Parliament also holds to its demand that, for workers covered by more than one employment contract, working time should be calculated per worker and not per contract.

Since there is no agreement, the current Working Time Directive remains in force, though the Commission can draft a new proposal from scratch. Such new legislation would need to take into account the rulings of the European Court of Justice on on-call time. The opt-out is not itself a part of the Directive but a concession granted to the UK that expired in November 2003. It has been operated in breach of the Directive since them, by the UK and by a growing number of other EU member states.

Further information:
No agreement reached on the Working Time Directive
UK protects working time opt out

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Written by Ian Congreave -

Filed under: Working Time Regulations on May 11th, 2009