§ Mr. HancockTo ask the Secretary of State for Trade and Industry pursuant to her answer of 7 January,Official Report, column 380W, on Posting of Workers Directive, what research she has (a) commissioned and (b) evaluated on the wages and conditions enjoyed by migrant workers in the UK under the Posting of Workers Directive compared to permanent British workers. [148036]
§ Mr. SutcliffeThe Government undertakes regular surveys into the wages and conditions of workers in the UK, although it does not explicitly make a distinction between migrant and non-migrant workers. In December 2002 a joint Home Office and Department for Work and Pensions report, "Migrants in the UK: their characteristics and labour market outcomes and impacts" found that migrants (defined as the foreign born) earn approximately 19 per cent. more than non-migrants.
§ Mr. HancockTo ask the Secretary of State for Trade and Industry what research she has(a) commissioned and (b) evaluated on breaches of the Working Time Directive in the UK, with particular reference to (i) compulsory signing of opt-outs, (ii) pressure on staff to sign opt-outs, (iii) workplaces where the law is ignored, (iv) staff illegally asked to opt out of their rights to rest breaks and night work limits and (v) sending new staff opt-in and opt-out forms; and if she will make a statement. [148052]
§ Mr. SutcliffeThe department has commissioned a range of research looking at the Working Time Directive in the UK. The evidence suggests that the 1283W majority of UK workers are in workplaces complying with the Working Time Regulations. However, there are some areas of concern.
A Survey of Workers' Experiences of the Working Time Regulations commissioned by the department in 2001 shows that just under a quarter of 'long hours' workers who have not signed an opt-out perceived employer pressure to work long hours. A second piece of research published by DTI in 2003, the Business Context to Long Hours Working, suggests that in establishments which had sustained long hours working, around three-quarters had no employees sign the opt-out.
The research commissioned does not specifically look at whether staff have been illegally asked to optout of their rights to rest breaks and night work limits. However, the Survey of Workers' Experiences of the Working Time Regulations found that approximately one in 10 workers 'without full rest breaks' thought they had experienced employer pressure to work without full rest breaks, and a similar proportion of 'night workers' felt pressured to work long hours at night.
Other research published by DTI in 2003 looking at the Implementation of the Working Time Regulations: a follow up study, reported that one case study employer, an engineering company, had made the signing of an opt-out agreement a condition of employment for new starters who worked nights.
I am ready to look at suggestions for improving the operation of working time law, including concerns over misuse of the opt-out to make sure it works properly. I recently wrote to the CBI and TUC inviting them to discuss what we may offer to do to meet the concerns identified in the European Commission Communication on working time.
§ Mr. HancockTo ask the Secretary of State for Trade and Industry what assessment she has made of the value to UK(a) employers and (b) employees of the UK allowing an opt-out to the Working Time Directive. [148053]
§ Mr. SutcliffeThe opt-out from the weekly working time limits is valuable as it provides flexibility for employers and the choice for employees to work longer hours if they want to. Without the opt-out, employers would have to reduce the hours of some of their workers. This could cause problems for both employers and employees. A recent study The Business Context to Long Hours Working published by my department in 2003 shows that employers thought the most common barrier to reducing the hours of staff was the needs of the business and workload (55 per cent. of respondents cited this), second to this was the concern that existing staff may resist the reduction in hours as it could limit their choice to work these hours and a reduction in their overtime pay (22 per cent.)
§ Mr. HancockTo ask the Secretary of State for Trade and Industry if she will place in the Library a copy of the research document commissioned by her Department on The use and necessity of Article 18(b)(1) of the Working Time Directive in the United Kingdom. [149013]
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§ Mr. SutcliffeThe research document in question was not commissioned by my Department, but by the European Commission. They have not published it, but I understand they can provide copies of it on request.