Working time

In March 2004, HOPE responded to the Communication of the European Commission re-examining Directive 93/104/EC on certain aspects of working time (the Working Time directive). HOPE welcomed the current proposals for amendments presented by the European Commission, which follow its position expressed in March 2004.

HOPE welcomed the possibility given to the Member States of an extension of the reference period so that working hours could be averaged over a period of up to twelve months. However, HOPE believes that there should be flexibility for longer reference periods – up to two years – to be negotiated by collective agreement. A longer reference period would permit a more realistic approach to calculating working time particularly where this may fluctuate over the period.

HOPE welcomed the European Commission proposal to classify residential on-call time as a special form of working time and to distinguish “active” from “inactive” working time. This approach would allow for a flexible organization of working time that is suited to hospital requirements and at the same time prevent extended periods of on-call duty.
This proposal reduces the otherwise expected grave consequences in the European health systems in form of additional costs and greater need for personnel. However, the proposal should be more specific concerning the measurement of the active periods of on-call time and should allow the use for example of average time instead of measured time to avoid administrative costs where Member States would find this helpful.

The European Commission proposal defines new criteria for the use of the individual opt-out. HOPE recognizes the concerns, which have been raised about the use of the individual opt-out and particularly about the potential for the current provisions to be abused to the detriment of workers. However, we believe that the opt-out facility provides both employers and workers with flexibility in the organization of services and working time. Therefore, HOPE wishes that the opt-out rule to remain in effect as were proposed by the European Commission.

Restrictions that merely increase administrative costs – especially keeping records of the number of hours actually worked – should be avoided.

In relation to compensatory rest, HOPE welcomed the Commission’s proposal that this should not have to be taken immediately but within a defined period after the end of the period of work. However, the Commission proposal requires that the compensating rest periods are granted to workers within a reasonable period, which cannot exceed 72 hours. This proposal is stricter than the existing Directive, which does not specify periods within which compensating rest periods must be taken. HOPE believed that it should be possible to grant compensatory rest periods outside the 72 hours proposed by the Commission where, for example, this is agreed in national legislation or collective agreements.

Working time is a long-standing issue at EU level. Since May 2004 the European institutions try to get an agreement on the proposed revised directive. The need for a new directive was caused by a number of European Court of Justice rulings. In June 2008 the Member States managed to reach a compromise on the issue. On 17 December 2008 the European Parliament didn’t support the Member States view and in its vote decided to exclude national opt-outs from the Working Time Directive and enforce a maximum working week of 48 hours. Since then the Conciliation committee between Council and the European Parliament was set up, and at its last meeting in April 2009 the European Parliament and the Council were not able to reach a compromise on the issues of on call time, opt out and multiple contracts.

The Commission has now to design a new proposal for a revised directive which considers the sensitive points and takes account of the European Court of Justice rulings which define on call time as working time.

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