The vote is contrary to the proposal put forward by the
European Commission in September, which would keep the individual
opt-out while tightening up the conditions for its
application.
The Working Time Directive currently provides that workers in
all sectors, public or private, must not work longer than 48 hours
a week, including overtime. The Directive also specifies
requirements for rest periods, breaks and no less than four weeks'
paid holiday per year. Its aim is to protect workers from the
health and safety consequences of overworking.
In 1993, the
UK
negotiated an opt-out which
allows Member States not to apply the limit to working hours under
certain conditions: prior agreement of the individual; no negative
fall-out from refusing to opt-out; and records kept of working
hours of those that have opted out.
While the
UK
is the only country to have made
extensive use of the opt-out, France, Germany, the Netherlands,
Spain and Luxembourg are preparing or have passed legislation to
make restricted use of the opt-out, in certain sectors.
The opt-out, and in particular the
UK
's use of
the opt-out, was one of the main concerns raised in a Commission
report into the operation of the Directive early in 2004. Figures
quoted by the Commission at the time showed that around 16% of the
UK
workforce works over 48 hours per week – up 1% from
the early 1990s.
The report also raised concerns that not all of the opt-out
conditions are being met. The Commission pointed out, for example,
that workers are frequently asked to sign the opt-out agreement at
the same time as signing their employment contract, which acts as a
constraint to freedom of choice.
Accordingly, in January 2004 the Commission began consulting
on the best way forward to ensure that its aims – i.e. the
protection of the health and safety of employees – are met. It set
out its proposals in September, but they do not appear to have
found favour with the European Parliament's Employment and Social
Affairs Committee.
Meeting on 19th and 20th April, the Committee, by 31 votes to
14, with one abstention, adopted a report by Spanish
MEP
Alejandro Cercas calling for the opt-out to be scrapped after three
years. The Committee also approved a proposal for all hours
"on-call", even the "inactive part", to count as working time in
most cases.
In further amendments to the Commission's text,
MEP
s decided that working hours should be organised in
such a way as to give employees the opportunity for life-long
learning.
They also wanted to achieve the right balance between
reconciling work and family life and the need for more flexible
organisation of working time. In addition,
MEP
s wanted
to make it clear that the Directive covers workers who have more
than one employment contract.
John Monks, chairman of the European Trade Union
Confederation, described the move as "courageous and
encouraging".
"The
UK
government, in pursuing the preservation
of the opt-out 'to preserve the flexibility of its labour market'
mistakes flexibility for long hours, and overlooks good practice in
many other
EU
Member States, where limitation and
reduction of working hours has been combined with increased
flexibility and higher productivity," he said. "We call on all
political groups in the Parliament to improve and support the
compromise package in the plenary in May."
Deputy Director-General of the
CBI
, John
Cridland, expressed his association's disappointment with the
decision.
"Perceptions of abuse are misplaced and rather than phasing it
[the opt-out] out the
CBI
had urged
MEP
s
on the Committee to accept amendments designed to strengthen the
protection for those who do not wish to work more than 48 hours,"
he said.
