Commission considers 48-hour working week opt-out should stay
The European Commission has delivered an opinion rejecting the European Parliament’s proposal to scrap the opt-out from the 48-hour working week currently contained in the Working Time Directive. The Commission is attempting to act as a mediator between the European Parliament and Council of Ministers to reach agreement on a final text as the two sides move into a conciliation process.
The Council of Ministers adopted a common position, under which (with regard to the working time aspects) the opt-out would be maintained, and only on-call time which was actually spent working would be considered working time. The European Parliament then voted on the proposed amendments and instead voted to remove the ability to opt out of the maximum 48-hour working week, and to make all on-call time working time, including time during which no work is done.
As a result of the European Parliament not agreeing the common position, the proposed changes to the Working Time Directive will now enter the conciliation phase and the Commission has set out its position in an attempt to assist the final stage of negotiations. In summary, the Commission:
-
rejected the proposals to: (i) remove the opt-out from the 48 hour working week from the Directive; (ii) create a right for workers to request changes to working hours; and (iii) require compensatory rest to be taken immediately following time spent on duty;
-
agreed with the Parliament that the inactive part of on-call time should not count towards minimum rest periods, and that inactive on-call time would be regarded as working time, but would not have to be counted in an hour-for-hour way when calculating working time.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
