Untitled Document

The European Commission is calling for all interested parties to contribute to a consultation on working time.

UK working time is governed by the Working Time Directive. It plays a vital role in protecting the health and safety of workers from the effects of working excessively long hours, having inadequate rest and disruptive work patterns. It can also contribute to improved productivity and a better reconciliation of work and family life.

Maximum 48 hour week, including overtime.
4 weeks annual paid leave
8 hour maximum to working hours at night in any 24 hour period
A rest break where the working day is over 6 hours
A minimum rest period of one day per week
A minimum rest period of 11 consecutive hours in each 24 hour period

The Commission consultation aims to look at how the Working Time Directive could be revised in the future.

Despite the Working Time Directive, there have been growing concerns about the long hours culture in Britain, the only country in the European Union where workers can legally work longer than the standard 48 hour week. In the UK, workers can give their consent to working over the standard working time this is known as the 'opt out'. This voluntary opt out is often exploited. Some organisations claim that, providing it is truly voluntary, the opt out provides flexibility essential to a competitive market economy. However, many workers organisations such as the TUC have called for its removal.

The Commission recently carried out research which shows the system in the UK to be flawed and open to exploitation and that not all the guarantees laid down within the Directive are being provided. It is concerned, for example, that workers are frequently asked to sign the opt-out agreement at the same time as signing their employment contract, which acts a constraint to freedom of choice. Importantly, the UK is the only member State where working time has increased over the last decade, 4 million people work longer than 48 hours per week.

When the question was recently brought to the European Parliament. The majority of MEPS, including the Governments own Euro MPs, voted for the opt out to be phased out.

London Green MEP Jean Lambert , also voted to end Britain's opt-out and welcomed the 'clear signal' that the EU considers work-life balance a crucial element of a 'social Europe'. "Workers are under enormous pressure to conform to a work culture that says you're not dedicated to your job unless you're at your desk by 8am and still there at 10pm - and employers all too often exploit this culture."

Analysis of the implementation of the opt-out
The definition of working time and the qualification of time spent "on-call"
Consultation of interested parties on possible future modification of the Directive

"We appreciate the importance of freedom of choice of individuals as to how they work, but in practice the measures that the directive foresees to safeguard the workers' interests when opting out are not properly implemented. We need to find a solution that balances the interests of all concerned. "

The length of reference periods (currently four months, with certain provisions allowing for 6 months or a year) that is, the average time over which the 48 hour week is calculated.
The definition of working time (following recent European Court of Justice rulings on time spent on call). This includes the issue of doctor's working time and whether, where there is a necessity to work long hours, time spent resting in the work place should be considered working time.
The application of the opt-out.
Measures to improve the balance between work and family life.
How to find the best balance of these measures.

Jean Lambert , Green MEP for London is a member of the Employment and Social Affairs Committee at the European Parliament. Jean Lambert has consistently fought for the opt out to be removed from the Working Time Directive. She believes that a response to the Commission consultation is vital. Such long hours cause terrible problems, not just for individuals and families, but in terms of health and safety and productivity and economic costs to employers and the UK generally.

All interested parties, that is those with direct experience and particularly, social partners at European level as well as national employer and employee organisations.

The deadline for responses to the consultation is 31 March 2004. The text of the consultation can be found at: http://europa.eu.int/comm/employment_social/consultation_en.html

The Commission will then carry out a detailed examination of these contributions and draw the necessary conclusions.

For further information about Green policy, contact the office of Jean Lambert MEP
Suite 58, The Hop Exchange, 24 Southwark Street, London, SE1 1TY
Tel: 020 7407 6269, Fax: 020 7234 0183, Email: jeanlambert@greenmeps.org.uk