Keep The Opt Out
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What is the Opt Out?
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Chronology
The 1993 directive on the organisation of working time lays down basic principles concerning maximum weekly working hours, daily rest time, breaks, weekly rest time, annual holidays and the duration of night work. It also lists various derogations that Member States may allow for certain categories of worker (for example senior executives) or certain sectors.
Some articles of the directive were due to be reviewed after ten years. The review must also take account of rulings of the Court of Justice regarding on-call time. The Court has delivered two judgments - in the SIMAP and Jaeger cases - which define as working time doctors' on-call periods taken as a whole, in the light of the rules requiring their physical presence in a health care establishment.
Against this background, the Commission in September 2004 put forward a proposal to amend the directive. Parliament voted at first reading in May 2005. After three years of deadlock, the Council reached an agreement in June 2008 (Belgium, Cyprus, Greece, Spain and Hungary did not support the compromise). The EP Committee on Employment and Social Affairs voted at second reading on 5 November 2008 (rapporteur: Alejandro Cercas, PES, ES) and restated its first-reading position, notably on the two controversial points: opt-outs and on-call time.
Debate 15 December 2008
In the debate on Monday (15 December), MEPs were divided as to the continuation of the opt-out. The Employment Committee, ahead of the vote, says that the ability to opt-out from the EU maximum should end within 3 years after adoption. In 1993, the UK won a general opt-out clause allowing it not to apply the maximum 48-hour working week if a worker agrees to work. In other Member States the opt-out applies only in some sectors.
The Employment Committee calls for no exceptions to the 48-hours maximum working time calculated over 12 months and calls for the end of the opt-out within three years after adoption of the directive. The committee also says that any period of on-call time, including inactive time, should count as working time.
An absolute majority of MEPs (393) is needed in plenary to confirm the Employment Committee's amendments or to adopt any other amendment to the Council's common position.