UK retains working time opt-out
The EU Commission has decided that it will not seek to end the opt-out clause in the Working Time Directive, but it will tighten up its usage.
Neither UK unions or business are happy with the decision, with the TUC describing the news as “disappointing” and the CBI promising to fight “tooth and nail” against measures it predicts will cause chaos.
The Commission, however, described the changes as a “balanced package” to protect workers “while responding to the needs of the modern European economy.”
Whilst workers will still have the right to opt out of the maximum 48 hour week, companies will no longer be able to obtain that consent when the employment contract is signed, and the employee will be able to withdraw their consent at any time.
This move is designed to allay complaints that some employers are making it a condition of a job offer that the employee waives their right to work a 48 hour maximum week, so in fact there is no choice offered.
The period of calculating an average 48 hour week will also be lengthened from four months to a year. In a move that might ease some concerns within the health care profession, time spent on-call but not working will no longer be counted as working time.
When unions are recognised in a workplace they will also have to give their consent to an average working week of over 48 hours, rather than employers being able to approach employees directly as is the case currently.
Commenting on the proposals, the TUC’s general secretary Brendan Barber said that the measures will “satisfy no-one”.
He argued: “These limited reforms show that the Commission has failed to grasp the scale of the UK’s long hours culture and the damage it is doing to our workforce and economy. British bosses will still be able to rely on pressuring staff to work long hours instead of adopting safe, efficient and productive working practices.’
John Cridland, deputy head of the CBI, said he would fight against the proposals, claiming they show a “clear misunderstanding” of UK culture.
Mr Cridland said: “It is good that the Commission is allowing the opt-out to remain, but it is quite wrong to give trade unions a veto over what should be an individual decision. The proposals would undermine the individual’s right to choose the hours they work.
“The new requirement to maintain records of hours even when an individual has chosen to opt out would trigger a mass of unnecessary form-filling for employers and employees. It is administrative minefield that could land companies in court if they get it wrong.
“This is an attempt to broker a compromise that has completely backfired. The proposals show a clear misunderstanding of the UK’s industrial relations culture, which serves this country well.
“Having annual agreement together with collective agreement is wholly unacceptable. Unions would be able to use the opt out as a bargaining chip, allowing them to hold management over a barrel every 12 months.”
