European Briefing - 22 April 2005

EP Committee aims to end working-time opt out

EEF has criticised MEPs who have this week (20 April 2005) called for the right of individual workers to opt out of the maximum 48 hour working week to be phased out.

This was one of a number of measures agreed, as expected, when the European Parliament's Employment Committee adopted a report on the European Commission’s proposal on revising the Working Time Directive (see last European Briefing).

The Committee’s report is therefore at odds with the proposal put forward by the European Commission, which has suggested keeping the individual opt-out while tightening up the conditions for its application.

Responding to the vote, EEF Deputy Director of Employment Policy, David Yeandle, said:

"Whilst this decision is not final, it is a blow for business and demonstrates that most MEPs have failed to recognise the importance of preserving labour market flexibility. The UK government must continue to stand firm in its desire to retain the opt out and enable working time to be averaged over 52 weeks without conditions."

The report was passed by 31 votes to 14 (including opposition from UK Conservative and Liberal Democrat MEPs), with 1 abstention, and contains the following significant proposals:

Individual opt-out: phased out 36 months after a revised directive enters into force
On-call time: in-active time spent on-call counts as working time, unless agreed by collective agreements
More than one contract of work: working time is the sum of both jobs
Autonomous workers: Definition of autonomous workers – who are exempt from the directive - clarified and changed to: “chief executive officers (or comparable), senior managers directly subordinated to them and those who are directly appointed by the board of directors”.
Rest periods: equivalent periods of compensatory rest must be taken “following” periods of time spent on duty, rather than “immediately after”.
Reference period: the reference period for calculating working time would be extended to 12 months through collective agreement or agreements between two sides of industry or by law or regulation, when workers are not covered by such agreements. In latter case employer must inform and consult workers and take necessary measures to prevent/remedy health and safety risks related to the working time pattern.

The Committee’s report will now be debated by the European Parliament as a whole in Plenary in the week beginning 9 May 2005. If approved the Parliament’s opinion will then be reviewed by the Commission and then transmitted to the ministers in the Council of Ministers for their opinion.

Progress in the Council has so far remained deadlocked, with one group of member states calling for the opt-out to be removed and another group – led by the UK – calling for its retention.

EEF will continue to lobby MEPs to ensure that this proposal does not unnecessarily damage workplace flexibility and we shall be urging the UK Government to stick to its guns on preserving the individual opt out.

For further information contact, David Yeandle, EEF Deputy Director of Employment Policy, dyeandle@eef.org.uk

European policies of the main political parties in run-up to election

This week European Briefing continues our brief summary of what the main political parties are saying on Europe during the general election by looking at the Labour Party.

According to its manifesto a third term Labour Government would:

promote a public procurement strategy to safeguard UK jobs and skills, under EU rules, to ensure that British industry can compete fairly with the rest of Europe
take further action in Europe to ensure that EU regulations are proportionate and better designed.
put the new Constitutional Treaty to the British people in a referendum and campaign for a yes vote
[During Britain’s EU Presidency] will work to promote economic reform, bear down on regulations, bring closer EU membership for Turkey, the Balkans and Eastern Europe
support membership of the euro, if it is in the national economic interest and the case for joining is clear and unambiguous.

EEF has published its own priorities for a new Government available here. We will conclude next by looking at where the Liberal Democrats, traditionally a pro-European party, stand on this issue.