The Working Time Directive Review

1
The Working Time Directive Review

• Paul Sellers
• TUC Policy Officer
• psellers_at_tuc.org.uk www.tuc.org.uk

2
TUC working time goals

• To improve the balance between work and life
• To give workers more choice over their hours and
  patterns of work
• To end excessive working time

3
Many workers want fewer hours

• The Governments Labour Force Survey reports
  that
• - 9.6 million employees want fewer hours
• - of which, 2.3 million want fewer hours even if
  this means less pay
• - plus a further 3.5 million of which want fewer
  hours just by cutting their unpaid overtime
• Source ONS LFS Microdata service summer 2005

4
Problems with long hours

• Health and safety put at risk
• Low productivity
• Family life under pressure
• Many women are discouraged from entering long
  hours occupations

5
Long hours and health and safety

• Working more than 48 hours per week increases the
  risk of contracting heart disease, stress-related
  illness, depression, diabetes mellitus, serious
  headaches and bowel problems
• In some cases, such as driving, long hours also
  increases the risk of having an accident.
• Exposure safety limits for noise, dangerous
  substances and Repetitive Strain Injury all
  assume a 40 hour working week. (see also Slaying
  the Myths http//www.tuc.org.uk/economy/tuc-9971-f
  0.cfm)

6
Long hours and stress

• ''Regularly working in excess of 48 hours per
  week appears to constitute a significant
  occupational stressor which reduces job
  satisfaction, increases the effects of other
  stressors and significantly increases the risk of
  mental health problems.
• - 'Working time Its impact on safety and
  health', Anne Spurgeon, International Labour
  Organisation, 2003, p11
• 'Working long hours does seem to be associated
  with stress and poorer psychological health
  outcomes
• - 'Working Long Hours', Health and Safety
  Laboratory, HSE, 2002, p.19

7
Working Time Regs 1998

• 48 hours average week (UK individual opt-outs)
• 8 hour night/ 48 hour weekly limit on night work
• Free health checks for night workers
• Weekly rest 1 day
• Daily rest 11 hours
• In-work break of 20 minutes if day more than 6
  hours long
• 4 weeks paid annual leave
• (see -http//www.dti.gov.uk/er/work_time_regs/inde
  x.htm)

8
Enforcement

• Limits 48 hours week, nightwork
• -HSE - factories, building sites, mines, farms,
  fairgrounds, quarries, chemical plants, nuclear
  installations, offshore installations (but see
  below!), railways, schools, hospitals, mobile
  workers in road transport other than HGV/PSV,
  employed taxi drivers and couriers. -Local
  authorities - shops and retailing, offices,
  hotels and catering, sports, leisure and consumer
  services.
• Entitlements weekly, daily and in-work rest
  breaks, free health checks for night workers
• - worker must take case to employment tribunal

9
Different working time rules

• 16 and 17 year old workers
• 40 hour maximum week
• 2 days rest per week
• Prohibition on nightwork but with partial and
  total exemptions for certain occupations
• Mobile transport workers
• Seafarers directive implemented by MCA 2002
• Inland waterway workers WTD, but implemented by
  MCA 2003 (with no opt-out!)
• Aircraft pilots and cabin crew Aviation Working
  Time Directive implemented by CAA 2003
• HGV and PSV drivers Road Transport (Working
  Time) Directive implemented VOSA 2005

10
The opt-out from the Working Time Directive
48-hour week

• Individuals can opt out of the 48 hour average
  weekly limit
• It can not be right that individuals can choose
  whether to obey health and safety law
• However, in practice few get a free choice. The
  law is widely abused.
• A Government study suggests that 600,000 long
  hours workers were put under pressure to sign the
  opt-out.
• BRMB Social Research, 'A survey of workers'
  experiences of the Working Time Regulations', DTI
  Employment Relations Research Series No.31,
  November 2004

11
EU-15 countries per cent long hours workers
(Source Eurostat LFS 2003)
12
The UK Government position is mixed

• Patricia Hewitt made a formal commitment to
  make serious inroads into the long hours
  culture within 5 years (speech Feb 2002)
• They have been willing to legislate to extend
  maternity leave and to introduce new working time
  rights
• They have made some effort to spread best
  practice in working time
• But - they argue strongly for the continuation of
  the opt-out from the 48 hour week
• and more to come the Warwick Commitments
  -including public holidays to be additional to 4
  weeks leave

13
Full-time workers hours falling
14
UK Working long hours slow progress, but some
progress
15
UK unpaid overtime may have peaked
16
The Working Time Directive 2003/88/EC review -
procedure

• Working time directive had to be reviewed in
  2003
• - 7 years after it took effect
• The review is conducted under Co-decision
  Procedure
• 1 European Commission proposes text
• 2 European Parliament (simple majority) and
  Council of Ministers (qualified majority) agree
  separately on amendments to the texts
• 3 EP and CoM discuss each others amendments
• 4 2 readings each. if no agreement, proposals
  then go to conciliation
• See also http//www.europa.eu.int/scadplus/gloss
  ary/codecision_procedure_en.htm

17
The WTD review 2003 the story so far

• European Commission published revisions (Sept
  2004)
• European Parliament agreed amended text (11 May
  2005)
• Council of Ministers failed to reach QMV
  agreement on amendments. Split - 7 wanted more
  liberalisation/10 agreed with the EC proposals/ 7
  wanted more social protection/ 1 abstention
• As Council of Ministers failed to agree, European
  Commission withdrew original text and issued new
  version (30 May 2005)
• Informal meeting of Council of Ministers could
  not agree on new text (2 June 2005)
• Text currently with COREPER (Council of Perm
  Reps)
• Review is blocked at the moment.. but may still
  conclude in 2006/7 and take effect at some point
  between 2009-2013.

18
The European Commissions revised text

• Averaging period for 48 hour week up from 17
  weeks to 52 weeks
• But employers have duty to ensure health and
  safety are protected
• Inactive part of on-call time spent on
  employers premised can count as a fraction of
  normal working time but not as a rest break
• Opt-out from 48 hour hour week would be phased
  out by 2012
• But those already using the opt-out could apply
  to the EC for an extension for reasons relating
  to their labour market conditions
• But opt out would be under tighter conditions of
  use max 55 hrs in any week renewable every
  year, not signed before commencement or during
  probation period employers keep records of hours
  worked
• Workers would have the right to notice of their
  working patterns, and the right to request
  flexible working.
• Note - dossiers for all EU legislative proposals
  are at http//europa.eu.int/prelex

19
View of the European Parliament

• ETUC and TUC General Council both back the
  Parliament's proposals as best deal on offer
• Ref period for 48 hour week increased to 52 weeks
  but where there are no TU agreements employers
  would have to inform and consult their workers
  and take measures to ensure that HS is protected
  
• Inactive part of on-call time at the employers
  premises may be counted as a fraction of normal
  working time
• Opt-outs should end 3 years after EC review
  concludes
• Workers should have the right to 4 weeks notice
  of their working patterns, and a right to request
  flexible working.
• Autonomous workers exemption to be tightened

20
View of the Social Affairs Council

• Averaging period for 48 hour week to be extended
  from 17 weeks to 52 weeks - no restrictions
• Inactive part of on call time should not count
• Council of Ministers divided on the opt out
• -but have not fully discussed ECs new proposals
• -and possible that 3-way split could reduce to 2
  opposing positions countries defending the
  opt-out as necessary for economic growth vs those
  that considered a 12 month reference period as
  offering enough flexibility to allow the opt-out
  to be phased out.

21
Latest news

• Social Affairs Council working party discussed
  WTD in Sept 2005
• -UK reps sought clarification on on-call work
  proposals and the interaction with rest breaks
• -UK plus 7 others want to strike out article 2b,
  which concerns reconciliation of work and family
  life EC unlikely to agree
• In October the EU employers org UNICE finalised
  its position in favour of both individual and
  collective bargaining opt outs 12 month ref
  period, extendable to 24 months by CB, on call
  work should not count.
• October meeting of ETUC agreed to urge EP to hold
  its line.
• UK Govt still committed to try to gain agreement
  at the Dec 2005 Social Affairs Council meeting
  (T.B. speech 26 Oct 2005).

22
The WTD Review prospects for breaking the logjam

• There is still some pressure on Governments to
  conclude the review because of the on-call issue
  hence UK Govts enthusiasm for issue
• but this is weakening a bit as the review drags
  and more countries use the opt-out in a limited
  way to avoid the on-call judgments (7 member
  states to date, 9 more are considering it)
• EU presidencies matter UK followed by sceptical
  Austria, then better prospects under more
  friendly Finland (July 2006)

23
TUC campaign against long hours

• Campaign to change the law
• end the opt-out
• extend the right to request different working
  patterns
• Campaign against unpaid overtime
• - Feb 24 2006 3rd TUC Work Your Proper Hours Day
• Argue the business case against long hours
• Campaign for better enforcement
• Encourage collective bargaining to deal with long
  hours
• Review Road Transport Working time Directive
  (spring 2006)

24
campaigning with the current law

• Risk assessments and stress audits
• The 48 hour week challenging the opt-out
• Nightwork limits no opt-out!
• On-call work on the employers premises
• Rest breaks very low awareness
• Annual leave est. 1 million underpaid