The Working Time Directive
Introduction
The Working Time Directive was adopted by the EU in 1993. It provides for minimum standards in terms of regular rest breaks for workers, night work, paid annual leave and restricts the maximum working week (in most cases) to 48 hours in any seven day period. Some groups of workers are exempt (details below) and working hours in some sectors are regulated separately (eg aviation and commercial shipping).
This legislation, which was introduced under an article of the treaties enabling laws concerning the health and safety of workers in the EU to be adopted by the qualified majority vote, has been controversial from the outset. The United Kingdom in particular took great exception both to the EU adopting such a measure and to the legal method used for its adoption.
Member States can allow workers to voluntarily exceed 48 hours in a week if the worker requests to do so and records are kept. Originally the UK was the only Member State to make use of this derogation but the majority of Member States have now adopted laws that utilise the provisions of the derogation.[1] Across the EU as a whole only nine per cent of workers exceed 48 hours a week - but in some Member States it is higher – and the trend is for a reduction in working hours.
This brief explains what the Working Time Directive does, describes the political and legal arguments about it since 1993, including two important cases that have extended its scope, and concludes with details of the Commission’s review of the directive.
The Directive
Entitlements
The main entitlements for workers laid down in the directive are:
- a minimum daily rest period of 11 consecutive hours per period of 24 hours;
- a rest break when working more than six hours;
- a 24 hour break in each seven day period, in addition to the daily rest period of 11 hours;
- restriction of average working time for each seven day period, including over- time, to a maximum of 48 hours (averaged over a period of up to four months);
- minimum annual paid leave entitlement of four weeks;
- night workers are restricted to working an average eight hours work at night in any 24 hour period with those doing heavy physical work etcetera, restricted to a maximum eight hours night work per 24 hours;
- regular health checks on those doing night work.
Derogations
The directive contained a list of derogations exempting in whole or part groups of workers from the directive. The most comprehensive exemptions apply to four groups:
- managing executives;
- family workers;
- ministers of religion;
- the self-employed.
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