The ILO estimates that 22% of workers around the world – or over
600 million people – are working excessively long hours, i.e. more
than 48 hours a week.
Among those countries with the highest incidence of long working
hours for 2004-05 (defined as more than 48 hours per week), Peru
topped the list at 50.9% of workers, followed by the Republic of
Korea (49.5%), Thailand (46.7%) and Pakistan (44.4%).
In developed countries, where working hours are typically
shorter, the UK stood at 25.7%, Israel at 25.5%, Australia at
20.4%, Switzerland at 19.2%, and the US at 18.1%.
The ILO report noted that laws and policies on working time have
a limited influence on actual working hours in developing
economies. But the same appears to be true in the UK.
The Working Time Regulations implement the EU’s Working Time
Directive in the UK. 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.
However, 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.
Robyn McIlroy, an employment law specialist at Pinsent Masons,
the law firm behind OUT-LAW.COM, said: "There is no doubt that the
right to ask employees to opt-out of the 48-hour limit on average
weekly working time affords employers more flexibility,
particularly during periods of heavy demand."
"Despite that there is increasingly a recognition that
perpetuation of a long-hours culture will ultimately be
counter-productive, particularly with an ageing working population,
and compared to even five years ago more firms than ever before
genuinely would prefer that their employees enjoy work-life
balance," she said.
In February 2006, the Chartered Institute of Personnel and
Development (CIPD) responded to reports at the time which said that
more people work over 48 hours in the UK than in other EU
countries. The CIPD said that a far greater proportion of the
UK workforce works less than 30 hours a week than on the continent.
It also said that the average working hours for full-time workers
in the UK are falling. Its survey, Working Time Regulations:
Calling Time on Working Time, claimed that three-quarters of
long-hours workers do so out of choice.
According to the CIPD, removing the opt-out clause from the UK
Regulations would increase moonlighting, as employees may be forced
to take up a second job if overtime is curtailed.
In June 2006, at a meeting of the EU Employment, Social Policy,
Health and Consumer Affairs Council, the UK and other members
states defended their right to retain the opt-out.
