EUROPEAN WORKING TIME DIRECTIVE
Written 1998

This is a brief guide. there are a number of more detailed studies - probably the best being the Labour Research Departments' "Working Time".

Percent of full-time employees who work more than 48 hours a week   United Kingdom 22 Ireland 9 Denmark 7 France 7 Greece 7 Portugal 7 Germany 6 Spain 5 Italy 4 Luxembourg 4 Belgium 3 Netherlands 1   Source: Eurostat 1994

Remember the Directive only sets minimum standards - you can negotiate better standards! It is health & safety legislation - so can be raised by safety reps. Hours worked are often closely related to levels of pay - so unions have to work out a strategy to deal with all these matters.

What Does The Directive Do?
Like other EC Directives it lays down a framework which is then applied by more detailed government legislation.

Basic Points

• Main principle: That a worker's average working time for each 7 day period (including overtime) must not exceed 48 hours (holidays & sick leave are not included in average working time).
• This does not mean workers can never work more than 48hrs a week but is an average measured over 4 months (in certain cases can be extended to 6 months or in others to 12 months).
• Members States can choose not to apply the 48 hour working week provided they legislate to guarantee;
• no worker is made to work more than 48hrs by an employer unless they have agreed to such work,
• the worker suffers no detriment if they refuse,
• employers keep proper records of all those working over 48hrs and the records are available to the competent authorities.
• All workers must receive 4 weeks paid holiday a year (this cannot be bought out by payment in lieu except on termination) but Government can reduce this to 3 weeks up to November 1999 (national rules will probably determine whether bank holidays are included or not).
• Where working day is longer than 6 hours workers are entitled to a rest period (these may be laid down by collective agreement).
• Workers are entitled to a minimum daily rest period of 11 consecutive hours in any 24 - and these 11hrs plus an additional 24 consecutive (35hrs in all) in any 7 day period (this can be varied to a minimum of 24 hours where there are special objective, technical or work organisation conditions) - weekly rest period can be averaged over 14 days.
• For 'night time' (any period of 7hrs which include the hours midnight to 5am) and 'night workers' (anyone who works 3hrs during 'night time' - or is so defined in national legislation or collective agreement) no 'night workers' should do more than an average 8hrs in any 24 (if it involves special hazard or heavy strain, physical or mental it cannot exceed 8hrs in 24) - but a reference period can be introduced after consultation with workers or by collective agreement.
• Shiftwork should follow the principle of adapting the work to the worker particularly to deal with monotonous work or pre-set work rates.
• 'Night workers' can have free health assessments and, if suffering from any health problems, be transferred to suitable day work where possible.
• Certain categories can be excluded from the night work or rest period provisions (including those in continuity of service & production) provided they are given compensatory rest periods (unless in exceptional circumstances).
• Certain industries are presently excluded from the Directive (like transport, sea fishing, doctors in training) but the EC is looking at these with a view to amendment.

Further reading - Working Time - LRD's guide to the European Directive (£2.35 incl.)
Labour Research Dept.
78 Blackfriars Rd
London SE1 8HF
Tel: 0207 928 3649

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