Working Time opt-out could end
The opt-out from the Working Time Directive that allows employees to work longer than 48-hours a week is under close scrutiny in Brussels.
Under proposals being debated in the European Parliament the opt-out clause could be scrapped and workers limited to an average of 48-hours a week.
EU employees are bound to these hours under the Working Time Directive, but an opt-out clause used extensively in Britain allows individuals to work longer if they wish.
However, some MEPs are now calling for this opt-out to be scrapped and, if their proposed changes are ratified, the clause could be phased out within three years.
Average working hours would also be calculated over a full year, if workers agree, rather than the current four-month period, while, in a move which will heavily impact on health and emergency services, on-call time will be counted as working time.
The British government is lobbying hard against these changes as it believes they will damage the competitiveness of UK business.
This concern was echoed by manufacturers’ organisation EEF, which urged MEPs to reject the “damaging” changes on the basis that they would “undermine the UK’s labour market flexibility”.
“The Government must continue to stand firm and eyeball to eyeball with Brussels on this important issue,” deputy director of employment policy David Yeandle said.
However, TUC general secretary Brendan Barber believes that removing the opt-out would help to combat the UK’s long hours culture.
“This issue has been deadlocked for too long. The European Parliament should accept this sensible compromise,” he said.
“It certainly does not go as far as we would like, but it does meet the key objection from most employers who encourage their staff to sign an opt-out.
“Employers say they need the flexibility to be able to cope with the peaks and troughs of workload. An annual average does precisely this.”
