| As part of EU legislation, the Working Time Regulations came into force in October 1998. In essence they state that You should not have to work more than 48 hours a week on average, unless you choose to, or work in a sector with its own special rules. The directive is a European Union initiative designed to protect workers from exploitation by employers. |
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| it is a great idea, placing a maximum number of hours that your employer can make you work every week. The idea being that it improves your work/life balance giving you more time at leisure. Not surprisingly tests have shown that there is a direct correlation between the number of hours you work and stress related illnesses. |
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| As the law currently stands an individual worker and his employer can validly agree to opt out of the permitted working hours limits imposed by the Working Time Regulations however this opt out was a added as an interim process by the EU to allow further debate following major concerns brought up by UK MEP's. |
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| It is understood that in practice, the UK is the only country in the EU where employees and employers make extensive use of the opt-out facility and that it is generally felt in other EU countries that this results in the UK having economic advantage. This no doubt is is one factor which explains a feeling in the EU that the opt-out facility should be removed. Also some trade unions have argued for removal of the opt-out facility on the not unreasonable grounds (albeit grounds which beg a number of questions) that when rules are made for the protection of the health and safety of workers the law should only allow opting out of them in carefully defined special circumstances. |
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| The European Commission proposed a set of changes in 2004, followed by the European Parliament in 2005. However, nothing can happen until the EU's 25 member states agree on the changes they would like to see - and they cannot agree. |
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| A further debate on the matter took place in the European Parliament on 17th December 2008. MEP's voted again in favour of abolishing the opt out exemption by end of 2011. The British government is on record as reconfirming in January 2009 that it (still) wishes to retain the opt-out right "and will be calling on the European Council to reject the damaging amendments on the Working Time Common Position adopted by the European Parliament" . A European Commission formal opinion of 4th February 2009 is generally supportive of the UK government's wish to retain the opt out right. The next stage is for the European council of ministers to consider the question, likely to take place by Spring 2009. |
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| In short this means that with the removal of the Opt Out - every employed individual could only work a maximum of 48 hours and essential services such as the Fire Service which relies on individuals choosing to provide more time would not be possible. |
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| The European Commission is content to allow the opt-out to continue, though it has suggested measures that would make it harder for employers to press staff into working more than 48 hours against their will. |
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| However, some countries want the opt-out to be phased out, as does the European Parliament. Other states, in particular the UK, want it to continue. They argue that labour market flexibility helps reduce unemployment. |
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| The UK does not have a veto in this area, so it could be outvoted, but so far support from Germany and Poland has helped it avoid this fate. |
