Working Time Directive

Dub13

Is this just being enacted in the public sector or are private company's fazing it in aswell....?The last I heard the Prison Service got a big pay of for loosing their overtime and CIE are having major trouble getting this act past the unions.

Also what do you think of the Directive...?I am undecided,I can think of loads of pros and loads of cons.

nesf

Linkage: http://www.incomesdata.co.uk/information/worktimedirective.htm


It's going to be a toughie. Some people really are attached to their overtime.

nesf

Points I found interesting:

3. This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Article 17 of this Directive, with the exception of air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and the activities of doctors in training;

Looks like Irish Rail don't need to enforce it.

Article 2 - Definitions
For the purposes of this Directive, the following definitions shall apply:
1. working time shall mean any period during which the worker is working, at the employer s disposal and carrying out his activity or duties, in accordance with national law and/or practice;

Would this cover being on call? That could be interesting...

Article 5 - Weekly rest period
Member States shall take the measures necessary to ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours daily rest referred to in Article 3. The minimum rest period referred to in the first subparagraph shall in principle include Sunday. If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied.

Article 6 - Maximum weekly working time
Member States shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers:
1. the period of weekly working time is limited by means of laws, regulations or administrative provisions or by collective agreements or agreements between the two sides of industry;
2. the average working time for each seven-day period, including overtime, does not exceed 48 hours.

A 48 hour week, per week. Not averaged over a month, but per week. That's very interesting. This would seriously cut into overtime for people, I imagine.

Though it does allow for industry specific rules. Like tourism in the busy season etc.

Article 7 - Annual leave
1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.
2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.

Four weeks paid leave that cannot be replaced. That could be interesting. I forget what the exact law was on this, but I've seen people take payment in lieu in the past for holidays.

Dub13

nesf wrote:

Looks like Irish Rail don't need to enforce it.

CIE are in negotiations to bring this in.

Our man in Havana

Surely there will be voluntary opt outs of this for those that refuse to give up overtime.

Dub13

http://www.eupolitix.com/EN/LegislationNews/200512/8547c2aa-38ed-484d-aede-42f743469410.htm


Judgment of the European Court of Justice in Case C-14/04, 1 December 2005 Abdelkader Dellas and others v Premier ministre and others

In this case, the European Court of Justice (ECJ) has again confirmed their opinion that on-call duty is to be considered as working time.

The EU working time directive 93/104/EC lays down minimum health and safety requirements, such as maximum weekly working time and minimum rest periods.

Under the directive the maximum weekly working time, including overtime, is 48 hours.

Under a French decree certain periods of night on-call duty, including periods of inactivity, are calculated on a flat-rate basis, which could amount to or even exceed, a working week of 60 hours.

Mr. Dellas and others brought proceedings before the Conseil d’Etat (Council of State) in France for the annulment of said decree, after Mr. Dellas was dismissed by his employer as a result of disagreements over the definition of actual working time and the remuneration for on-call duties on the premises.

The Conseil d’Etat referred the question, whether such a system is compatible with the directive, to the European Court of Justice.

Although the Court finds that the directive does not apply to the remuneration of workers, it does find that the hours of actual presence on the premises, including the inactive part, must be counted in their entirety as working time.

homeOwner

2. the average working time for each seven-day period, including overtime, does not exceed 48 hours.

I wonder how this affects junior doctors who do on-call hours and work far more than 48 hours a week.

nesf

homeOwner wrote:

I wonder how this affects junior doctors who do on-call hours and work far more than 48 hours a week.

I believe that they are excluded. There seems to be a number of catagories where the the law doesn't apply.

Slutmonkey57b

Junior doctors have been excluded from the working time directives since the start. Opinion seems to be divided between training colleges as to whether this is a good or a bad thing. On the "bad" side, junior doctors are subjected to the most hellish kinds of working conditions in a trial-by-fire system that leaves them drained and ineffective. On the "good" side is the idea that it's better to be tried by fire as a junior when your work is being double-checked, than to never have the experience and to buckle when you're out on the front line on your own. Less people die.

In other areas, I have to say the Directive is a good thing. Particularly since the 9-5 mon-fri routine is being phased out in a number of industries, it would be very easy for companies to lay horrendous conditions down on their workers.