The UK's 48 Hour Opt-Out Remains
Whislt the UK remains the only country to make widespread use of the provisions of the Working Time Directive opt-out,the UK, together with several other member states, has resisted attempts to remove the opt-out from the Directive, while countries like France and Sweden continue to press for it to be scrapped.
Britain has retained the right to continue allowing employees to work more than 48 hours a week as EU talks on the future of the Working Time Directive opt-out failed to reach a compromise again.
Under the current Working Time Directive, employees cannot work more than an average of 48 hours per week - unless they agree to longer hours under an opt-out scheme, which was secured by the UK.
The EC and unions claim that the opt-out system is open to abuse by employers and should be scrapped. Last year, MEPs voted to phase out the opt-out by 2010. However, EU employment ministers opposed this and talks have continued since.
Austria had hoped to settle the matter during its current presidency but when Ministers from EU states met in Luxembourg on 1 June to discuss the issue, no agreement was reached.
Several different proposals were outlined during the talks. One proposal would have obliged employers to negotiate with trade unions over exceeding the 48 hour rule, pending the gradual phasing out of the opt-out over five years.
Another would allow any employees working more than 48 hours to change their minds in an annual contact renewal. Employers would also have to explain why long hours were required.
Talks will now not resume until after Finland takes over the presidency in July.
It has been argued that the opt-out, along with other considerations, contributes to a long hours culture in the UK. However, there is a growing amount of evidence to show that such a culture isn't good for business, and that employers benefit financially from enabling their employees to have a better work life balance.
Source: Workplace Law
