In its contribution to the first phase of the European Commission’s consultation on the Working Time Directive, which closed on 7 June, the European Trade Union Confederation (ETUC) reiterated its key demands, namely an end to the opt-out and the inclusion of on-call working time and compensatory rest periods taken immediately afterward in the calculation of working time. After seven years of stalemate, this position does not suggest that a solution is at hand. The ETUC considers that dialogue with employers’ associations on review or revision of the directive is impossible for the moment because “the positions of the European social partners are too far apart”. These positions are expressed in its response to the Commission and in a resolution adopted by its Executive Committee, on 1 and 2 June. They confirm the need for a second phase of consultation of the social partners, foreseen by Article 154 TFEU, which is not expected to lead to concrete results before the summer.

UNCOMPROMISING ON SIX PRINCIPLES

In its contribution, the ETUC says it will not abandon six key principles “underlying a long history of health and safety research and regulation”. First, workers’ safety and health at the workplace cannot be subordinated to purely economic or financial considerations. Second, the individual opt-out, described as “a virus infecting working time regulation throughout the EU,” is incompatible with the basic principles of health and safety protection. According to the ETUC, the work week (per worker and not per contract) must be limited to an average maximum of 48 hours, with no derogations allowed. Third, on-call time at the workplace is working time, not rest time. The ETUC will not accept the introduction of a new category of ‘inactive’ working time, halfway between working and rest time. In addition, the concept of ‘equivalent compensatory rest’ is a fundamental element of the Working Time Directive and must follow immediately periods of on-call working time, as decided by the Court of Justice. Lastly, the reference period for calculating an average 48 hour week must be limited to four months.

ADAPTING TO 21ST CENTURY

The ETUC is nevertheless not opposed to a revision of the directive. “The Commission asked us to check whether the directive is fit for the 21st century. In our view, such an initiative proves that the basic rules and principles are more relevant than ever,” said ETUC General Secretary John Monks. “But we also believe that the directive should be strengthened, particularly to give workers the tools they need to negotiate more favourable hours with their employers […] and, at the same time, it should have more requirements in terms of reconciling work and family life.” The ETUC also seeks clarification of the term ‘worker’ and recognition that the improvement of working time is a factor for improving productivity. The trade union organisation also wishes to see the member states apply the directive more effectively by investing in labour inspections and supporting the social partners’ initiatives.

The ETUC position is available at www.europolitics.info > Search = 273908

Background

- In 2004, the Commission proposed to amend the Working Time Directive, 2003/88/EC. It wished to clarify its application with respect to on-call time in certain sectors, offer more flexibility in calculating weekly working time and review the opt-out from the 48 hour work week.

- Five years later (April 2009), the negotiations between the EP and the member states failed on the opt-out (Parliament wanted to end it but the Council wanted to maintain the exemption) and on-call time, which according to MEPs, should be treated as working time.

- On 24 March 2010, the Commission retriggered the debate with a new communication, launching an initial phase of consultation.