NEWS | Wednesday, 11 June 2008

Agreement on Working Time Directive finally reached

Charlot Zahra

After years of wrangling, EU Social Policy Ministers Monday reached political agreement on the EU Directive concerning certain aspects of the organisation of working time, better known as the Working Time Directive (WTD).
The WTD (Directive 2003/88/CE) establishes minimum requirements concerning the organisation of working time, in particular in respect of daily and weekly rest periods, breaks, maximum weekly working time, annual leave and certain aspects of night work, shift work and patterns of work.
The key issues resolved by the Council related to the so-called “opt-out clause”, i.e. the possibility of not applying the maximum weekly working time (48 hours) if the worker agrees to work longer hours.
The compromise text provides for the possibility of the opt-out clause, accompanied by a number of conditions in order to guarantee the protection of health and safety of workers.
Under the terms of the agreement, on-call time will be split into active and inactive on-call time. However, active on-call time will be counted as working time.
Inactive on-call time may not be counted as rest time and can be counted as working time if national laws or social partners agree.
The standard maximum limit remains at 48 working hours per week unless an individual worker chooses otherwise through an opt-out.
However, a new protective limit for workers who opt out has been set. There will be a maximum working week of 60 hours unless social partners agree otherwise.
However, for those workers who opt out, the maximum working week will be increased to 65 hours if inactive on-call time is counted as working time.
The protective cap protects all workers employed for longer than 10 weeks with one employer.
Workers will be allowed to opt out of the cap in the WTD only under certain conditions, including a ban on opt-outs during first month of employment, when workers cannot be victimised for not signing or withdrawing.

Moreover, employers must keep records on working hours of opted-out workers.
The agreement was part of an overall package which includes the temporary workers file, also discussed on Monday.
The directive is to be adopted under the co-decision procedure with the European Parliament.
Concurrently, EU Social Policy Ministers reached political agreement on a common position on the draft Directive on temporary agency work.
The core element of the compromise is a balance between ensuring the protection of temporary agency workers and, at the same time, allowing sufficient flexibility in labour markets which indeed have very different traditions of concluding agreements between the social partners.
The main element resolved by the Council concerned the principle of equal treatment, possible exceptions to that principle and the maximum length of assignments to which such exceptions can apply.
Under the terms of the agreement, equal treatment will apply as of day one for temporary agency workers as well as regular workers in terms of pay, maternity leave and leave.
However, there will be the possibility to derogate from this Directive through collective agreements and through agreements between social partners at national level.
Moreover, temporary agency workers will be informed about permanent employment opportunities in the enterprise which employs them. They will also have equal access to collective facilities such as canteen, child care facilities and transport service.
Member States have to improve temporary agency workers’ access to training and child care facilities in periods between their assignments so to increase their employability.
Finally, Member States have to ensure penalties for non-compliance by temporary agencies and enterprises.
The directive is to be adopted under the co-decision procedure with the European Parliament.
Malta was represented by Social Policy Minister John Dalli.

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