Working time opt-out
The current position on the discussions over the opt-out clause of the Working Time Directive.
What is the opt-out?
There is some confusion as to what exactly the 'opt-out' of the Working Time Directive means. The Directive allows member states to let individuals to choose to work more than a maximum 48-hour working week if they want.
This is known as the opt-out, but it only refers to the 48 hour week. No one can opt-out of any other part of the Directive.
The UK and at least 14 other countries use the opt-out.
Recent Negotiations
Talks on a revised Working Time Directive have been on-going since the European Commission issued a proposal for its amendment in September 2004. These talks have included amendments to the individual’s right to opt-out of the 48 hour working week.
The majority of these talks have concentrated on the opt-out and the need for greater flexibility around:
- how time spent on call but in the workplace is counted
- when compensatory rest can be taken
These issues are also known as a solution to the SiMap/Jaeger ECJ judgments.
To amend the Directive there must be agreement between the Member States (represented by “The Council”, of ministers from each Member State) and the European Parliament.
The Council agreed a text or Common Position in June 2008, but the European Parliament did not support this and voted for considerable amendments to it in December 2008.
These amendments included phasing-out the opt-out over three years. A period of intense negotiation (known as conciliation) followed but on 27 April 2009 the negotiations fell.
It was agreed that the European Parliament and member states were unable to resolve their long-standing differences over whether to retain the opt-out or not and that there was no value in continuing the negotiations any further.
The collapse means that the Directive will remain as it is now – keeping the individual’s right to opt-out.
