The EU Working Time Directive

2008-04-23 15:55:30

( Computers )



Nature and Goals of the EU Working Time Directive

In 1993, the European Union formulated the Working Time Directive, a set of rules to set and govern maximum working hours of employees who work in member countries.

The EU's goal was to prevent employee exploitation and to preserve the health and economic welfare of employees. The directive was based on the premise that working more than a certain number of hours will compromise your health and adversely affect the quality of your life.

Basic Provisions of the EU Working Time Directive

The EU Working Time Directive sets maximum working hours at 48 hours per week. The employee is entitled to a minimum rest period is set at 11 hours for a 24-hour day, and a break after 6 continuous hours of work.

Additionally, you also get four weeks of paid vacation every year. If you need to render night work, your employer cannot make you work longer than eight hours a day without your consent.

Exceptions and Exclusions

The EU Working Time Directive does have certain exceptions. Member countries can choose to opt out of the maximum working hours provision, as long the employers and employees have a mutual agreement.

Hence, while the UK is a member of the EU, it has utilized the opt out clause and UK working hours extend beyond the 48-hour prescribed limit.

The original provisions of the directive does not cover people who are employed in transport, fishing, maritime, and medical industries. However, there have been amendments during the first few years of this century to protect employees of these industries.

Issues and Proposals

Just like many labor laws, the EU Working Time Directive is also faced with some issues.

For instance, there have been allegations that the opt out clause is being taken advantage of by some employers so that they don't need to account for mobile working hours such as doctors who are on call. And while voluntary agreements are necessary before adopting the opt out clause, many employees may not have known better about the wisdom of setting maximum time limits for their working hours. In other cases, they may have been forced to work under such conditions due to dire need of more income.

Some employers may have also abused the opt out clause by not disclosing the employee's right to be given a choice about working beyond prescribed maximums. There have been cases of employees who work beyond six hours without taking breaks, or beyond eight hours at night.

The EU also wants to redefine what parts of on-call duty should be considered as working hours, as well as the reference period for determining the 48-hour maximum.


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