Health & Safety News Brief Occupational Health & Safety Information Service
(OHSIS) November 2004

European Commission Proposes Revision of Working Time Directive

The Commission adopted a proposal on 22 September 2004 to update 2 key aspects of the working time directive. The purpose is to produce a balanced proposal between the health & safety of workers and responding to the needs of the modern European economy. The first key aspect is that individuals can still opt out from the 48 hour week but this would be subject to stricter conditions to prevent abuse. Secondly, member states would be allowed to extend the reference period for calculating the 48-hour maximum working week from 4 months to a year. Time spent on call that is not worked would not be counted as working time, with compensatory rest granted within 72 hours.

First key proposal

The proposal allows for member states to put measures into place at national level to apply the individual opt-out to the 48-hour limit. In addition, the conditions that must be respected between the employer and the employee have been made more explicit. For example, the employer will not be able to obtain this consent at the time of signing the employment contract and the employee will be free to withdraw their consent at any time. The opt-outs will be done by collective agreement or by agreements between the 2 sides of industry within a sector or workplace. Where there is no collective bargaining an individual can agree to opt out with his employer directly. This is particularly the case where no collective agreement is in force and there is no staff representation at company level that is empowered to conclude such an agreement.

Second key proposal

Member states will be given the possibility to extend the standard reference period for calculating the average working week of 48 hours from 4 months to up to 1 year, provided they consult the two sides of industry. In addition a new category of on-call time is created, that is the “inactive part” of on-call time. This is the time the worker, although available for work at his place of employment, does not carry out his duties. Unless, otherwise stipulated by national law or collective agreement this will not be counted as working time. It would also be the case that compens atory rest would not have to be granted immediately, but within 72 hours.

The proposal is being made by the Commission and will now be sent to the European Council & Parliament for agreement