UK officials had argued that scrapping the opt-out would reduce
flexibility and choice in the workplace, damaging the European
economy and, according to the BBC, managed to garner sufficient
support from countries such as Germany, Austria and Cyprus to
prevent the changes being voted through.
"The opt-out remains," Trade and Industry Secretary Alan Johnson
told the BBC. "All of us need to be flexible."
The draft Directive, which revises the existing Working Time
Directive, cannot progress further until the Council of Ministers
reaches a compromise and approves it. And with the UK taking over
the Presidency of the EU in less than a month's time, it has been
suggested that no such compromise is likely to be reached soon, and
the proposals are likely to be mothballed until the Presidency
changes hands again at the start of 2006.
Dave Prentis, general secretary of Unison, the UK's biggest
trade union, told reporters: "We think it's appalling that our
Government should be persisting with the opt-out."
"We already work the longest hours in Europe. If other countries
can manage without the opt-out, why should British workers be
singled out for different treatment?," he added.
TUC General Secretary Brendan Barber said: "It is no surprise
that the EU is in crisis when a small UK-led minority can block
this compromise on working time. The Commission proposals already
went a very long way to meeting employer concerns – far more than
the much more balanced position put forward by the Parliament."
Ben Doherty, an employment law specialist with Pinsent Masons,
the law firm behind OUT-LAW.COM, commented:
"While the delay by the council of ministers provides a period
of grace for employers and employees to continue to benefit from
the opt out provisions, it is likely that the council will come to
a decision.
"Whilst the full extent of that decision is not yet known, it is
extremely unlikely that the opt out provisions will remain in their
current format. Any change will be a disappointment to UK employers
who believe that it is likely to make the economy less
competitive."
Background
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 and led to the Commission putting
forward proposals in September for a new Directive that would keep
the right of opt-out while tightening the conditions for its
application.
These proposals were comprehensively rejected by the European
Parliament in May, when MEPs voted that they did not go far enough,
calling for the opt-out to be scrapped all together.
On Wednesday the Commission issued its response, revising its
original draft so that while the opt-out would only be available
for three years after the adoption of the Directive, Member States
making use of the opt-out would "for reasons relating to their
labour market arrangements", be entitled to ask for the option to
be extended beyond the period of three years.
The Commission also made amendments to its definition of on-call
time and the reference periods for calculating the 48-hour maximum
working week.
Ministers have so far been unable to approve any version of the
draft Directive.
