EC asks for opinions on scrapping of 48-hour opt-out

"We are concerned that the real objective of this review is to reduce the number of employees to whom the opt-out is available" - James Walsh, Institute of Directors

In 1993 the UK negotiated an ‘opt-out’ entitling employees to waive the right not to work longer hours. However, the European Commission has been deliberating about removing the opt-out after claims that it was being abused by bosses who force staff to work overtime and insist on the signing an opt-out before taking a worker on.

Recent European Court of Justice rulings have seemed to legitimise use of an opt-out encouraging more member countries to start using it, so the European Commission has asked for opinions from interested parties on how the Working Time Directive could be revised.

Anna Diamantopoulou, commissioner for employment and social affairs, said: “We appreciate the importance of freedom of choice of individuals as to how they work, but in practise the measures that the directive foresees to safeguard the workers’ interests when opting out are not properly implemented.

“We need to find a solution that balances the interests of all concerned. We also need to consider how best to define working time, to avoid what is currently a flexible legislative framework becoming one that creates unnecessary burdens.”

The main issues identified for consultation include: how to deal with employees that are ‘on call’ for long periods but not necessarily working for all of that time; revised conditions for the application of an opt-out; measures to find and maintain the balance between work and family life; and how to avoid workers being asked to sign ‘opt-outs’ at the point of employment.

Opinion in the UK remains split between business and employer groups who are keen to maintain the right to waive, and argue that employees want to work overtime; and the trades unions which want the opt-out scrapped.

In September, Brendan Barber, general secretary of the TUC, hit out at the UK’s “long hours culture” and its “badly organised and incompetent workplaces”.

However, within hours of today’s European Commission announcement, the Institute of Directors was voicing its determination to keep the opt-out.

The IoD’s parliamentary and european adviser, said: “If Europe is to compete in global markets, we should be looking to make our economy more flexible, not less. Undermining the opt-out from the Working Time Directive would send the worst possible signal. It would show that the EU is still opting for state regulations when the 21st century way is to build modern partnerships between employers and employees.

“We have no objection to the Commission checking that the law operates as intended, but we are concerned that the real objective of this review is to reduce the number of employees to whom the opt-out is available.”