Working Time Directive (2003/88/EC) Night Workers

cobhguy28

I was looking at the Working time Directive and came accross the regulations that deal with night workers Article 2 s.4

4. "night worker" means:

(a) on the one hand, any worker, who, during night time, works at least three hours of his daily working time as a normal course; and

(b) on the other hand, any worker who is likely during night time to work a certain proportion of his annual working time, as defined at the choice of the Member State concerned:

(i) by national legislation, following consultation with the two sides of industry; or

(ii) by collective agreements or agreements concluded between the two sides of industry at national or regional level;

Now being that I am a shift worker and over my 3 week shift period I work 60 hours days and 57 hours night, I would of thought that I would be considered a night Worker when working nights and would be covered by the directive.

However when this directive was put into Irish law, Organisation of Working Time Act, 1997
Section 16 goes to say,

night worker” means an employee—

(a) who normally works at least 3 hours of his or her daily working time during night time,

and

(b) the number of hours worked by whom during night time, in each year, equals or exceeds 50 per cent. of the total number of hours worked by him or her during that year.

So I would have to work at least 50% of my hours at night to be classed as a night worker. I know the directive leaves it up to the country to come with with the percentage But this percentage seem very high and seems to exclude a large amount of night working which seems to go against the spirt of the directive, which is meant to make sure night workers are protected.

Compare this to ref monographs.iarc.fr/ENG/Monographs/vol98/mono98-8.pdf page 3


ITALY any worker whoworks at night at least 80 working days per
year

SWEDEN A worker that works at least 3 hours of
his/her daily work during night time, or a
worker that most likely will work at least
38% of his/her annual work during the night

UK A worker who, as a normal course, works at
least 3 hours of his/her daily working time
during night time, or who is likely, during
night time, to work at least such proportion
of his annual working time as may be
specified for the purposes of these
Regulations in a collective agreement or a
workforce agreement

GERMANY “Night workers” means workers who usually
work nights on rotating shifts schedules, or
work at night for not less than 48 days in a
calendar year

GREECE A worker who during night time works at
least 3 hours of his/her daily working time or
a worker who has to perform night work for
at least 726 hours of his/her annual working
time.

Any one have any information on where this 50% came from. What consultation was done. Does this go against the spirt of the directive?