The Directive provides that workers in all sectors, public or
private, must not work longer than 48 hours a week, including
overtime. The Directive also specifies requirements for rest
periods, breaks and no less than four weeks' paid holiday per year.
Its aim is to protect workers from the health and safety
consequences of overworking.
In 1993, the UK negotiated an opt-out which allows Member States
not to apply the limit to working hours under certain conditions:
prior agreement of the individual, no negative fall-out from
refusing to opt-out, and records kept of working hours of those
that have opted out.
While the UK is the only country to have made extensive use of
the opt-out, France, Germany, the Netherlands, Spain and Luxembourg
are preparing or have passed legislation to make restricted use of
the opt-out, in certain sectors
The opt-out, and in particular the UK's use of the opt-out, was
one of the main concerns raised in a recent Commission report into
the operation of the Directive. Figures quoted by the Commission
show that around 16% of the UK workforce works over 48 hours per
week – up 1% from the early 1990s
The Commission launched a consultation into possible revisions
of the Directive last month, but on 11th February the European
Parliament approved a report calling for the phasing out of the
opt-out, by 370 votes to 116, with 21 abstentions.
The report also seeks to strengthen the voluntary nature of the
opt out, amid fears that practices such as having opt-out papers
signed at the same time as the initial employment contract, put
pressure on employees to comply. The Parliament also asked the
Commission to clarify how time spent "on call" is classified under
the Directive.
But a proposal for the UK to be hauled before the European Court
of Justice for failing to tackle alleged abuse of the directive was
rejected – by 311 votes to 89, with 118 abstentions.
