Brussels,12/02/2004
1) ETUC has always stressed that the individual opt-out (= possibility for Member States to allow derogation from maximum of average 48 working hours by individual consent of the worker), which was introduced in the Directive 10 years ago to get the UK on board, was in clear contradiction with the legal obligations of the European Treaty to provide every worker with the right to limitation of their working hours. Furthermore, 10 years of practice in the UK has shown, that the opt-out is not used for rare emergency-cases but as an easy way for employers to avoid any working time regulations, thereby violating the very regulation of the opt-out itself. A great majority in the EP has understood the message, and is now putting the UK, and other MS's that are taking recourse to the opt-out, on hold.
2) The EP report now puts back the ball in the court of the Commission, asking from the Commission to take clear steps and come up with clear plans on how to phase out the possibility of recourse to the opt-out.
3) Attacking the long hours culture is of particular importance if the European Union wants to achieve its own goals, as set in the Lisbon agenda and confirmed in recent employment reports, to increase labour market participation of women and older workers. Long hours stand in the way of reconciliation of work and family life, are an obstacle for the upward mobility of women, and sustain gender segregation in the workplace.
4) ETUC emphasizes that the social partners on all relevant levels are best placed to provide find adequate and balanced solutions that respect the basic principle of the Directive, which is to protect the health and safety of workers in all sectors, including in the health sector, against long working hours, while taking account of legitimate flexibility needs on the side of enterprises and workers.These flexibility needs however should not be confused with working long hours.
5) The Commission should therefore use the means and tools that are given in the Treaty, to properly consult the social partners on the direction to go now.