Working Time Directive (Hansard, 24 May 2004)

§ Mr. Sutcliffe

The Working Time Regulations 1998 (WTR) which implement the provisions of the Working Time Directive in UK law came into force on 1 October 1998. The Regulations currently include an opt-out provision to the weekly working time limit. Under the opt-out, an individual worker may agree to work more than 48 hours a week.

The opt-out was initially granted for a period of 15 years but has since been extended. A review has been carried out and the European Commission have decided to consult more widely over working time changes. The Commission published a consultation communication on 5 January 2004.

The UK response to the Communication (31 March 2004) argued strongly for the retention of the opt-out. While the Government are in favour of providing fair minimum standards of employment protection, they are 1447W also keen to maintain the flexibility our individual labour market requires, and, which many individual workers prefer.

The second stage consultation paper from the European Commission was recently published on 19 May. It presented the following options: Option 1—Keep the individual opt out with tighter conditions of application. Option 2—Opt-out only available through collective agreement. Option 3—Opt out available through collective agreement, but retain the possibility of individual opt out in the absence of such an agreement and for undertakings without worker representation. Option 4—Phase out the opt out.

Option 1 is the only one to ensure workers have real choice and ensure working hours are tailored to what individual workers want.

The UK and the Commission agree that extending the reference period for working hours, so that these can be averaged over a period of up to 12 months without the need for a collective agreement would increase the flexibility of both employers and workers. This is of particular value in the UK because, as the Commission's Communication notes, collective or workforce agreements are not widespread here.

There is now in a 6-week period of negotiation with the social partners: UNICE, the European employers' federation; ETUC, the European employees organisation; and CEEP, the public sector employers organisation. If the social partners do not agree to negotiate on a workable solution during this time, the Commission will propose legislation by co-decision by the summer 2004.