In its response to the European Commission’s second round of consultation on amending the 1993 Working Time Directive - a central piece of legislation for safeguarding workers’ health and safety - the ETUC has also stressed its disappointment that the Commission has failed to take on board the arguments put forward earlier this year for strengthening the legislation. It also regrets European employers’ refusal to negotiate on the directive’s revision but admits that there does not seem to be any common ground on this issue.

In March 2004, the ETUC reacted to the Commission’s first round of consultation with the social partners, launched in January 2004. It emphasised the importance of direct negotiations between the social partners themselves, aimed at reaching agreement on the management of working time. It also outlined a number of reforms needed to bring an end to the long-hours working culture in many industrial sectors and parts of Europe.

“It now seems that the European social partners have totally opposite views on why and how the Working Time Directive should be amended,” commented ETUC General Secretary John Monks. “We are also very concerned about pressure from some Member States to dilute the general principles of the legislation.”

At its last meeting, the ETUC Executive Committee reaffirmed its demands for stronger measures to protect workers from the stress, fatigue and safety risks caused by long working hours, and to enable both male and female workers to balance work and family responsibilities.

The Commission’s document launching the second phase of consultation, published in May, recognises the key role of the social partners, but its proposals seem to ignore the fundamental aims of the Directive. “The ETUC considers the next phase in this process to be crucial,” said John Monks.

The ETUC
• demands an urgent end to the ‘opt out’ (enabling employers to get round the law if workers give their individual consent), as the only acceptable option;
• rejects a ‘third category’ of working time to get round recent European Court of Justice rulings that on-call hours amount to working time;
• opposes the extension of reference time for calculating working time without collective bargaining as incompatible with modern working time arrangements;
• calls for positive measures within the scope of the Directive to reconcile work and family life.

The ETUC reminds the Commission that the aim of the EU legislation is to reduce, not extend working hours. Trade unions are not opposed to greater flexibility or modernisation of working practices, but will not accept longer and more anti-social working time.
“Modern workers are increasingly men and women who combine paid work with other activities in life. They are demanding that policy-makers take account of this reality,” emphasised John Monks.

Resolution of the Executive Committee, 9-10 June 2004