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BackFollowing a long period of stalemate, we are at last confronted with a historic opportunity. The Treaty of Lisbon includes a Social Dialogue, which enables the social partners to conclude socio-political agreements at European level, which, on the proposal of the EU Commission and the Council Decision become applicable law. Adopting such a procedure, the European Parliament would only be informed. The Working Time Directive could now be subject to such an agreement.
Revision of the Working Time Directive could soon be reality
For the first time in the history of the EU, the European social partners are in a position where they can revise an already existing Directive.The revision of the Working Time Directive has been on the cards since the judgements of the ECJ from 2003, when it was decided that on-call times have to be treated equal to normal working hours. Since then, all attempts of achieving a new Working Time Directive failed not least because of the unsuccessful negotiations between the European Parliament and the Council in 2009. As a way out of this situation, one could consider the possibility that the representatives of employers and employees would reach a compromise by way of social dialogue. This approach is unique at EU level; however it could be the solution for many problems and thereby let the revision of the existing Working Time Directive become reality.
Now it is the turn of the European social partners EGB, UEAPME, CEEP and Business Europe
However, things are not as easy as it sounds. After all, the European social partner organisations represent members in all 27 Member States, and there are widely differing interests even within their own organisations. However, it looks as if the fundamental positions and the willingness to negotiate a revision of the Working Time Directive is relatively secure on both sides. The European Trade Union Confederation (ETUC) is prepared to enter negotiations if the Directive is comprehensively revised. This includes among others an abolition of the “opt-out” rule, which allows the departure from maximum working hours to the detriment of employees. Another requirement is the clear regulation that on-call times are treated equal to normal working hours, as decided by the ECJ. Any extension of the reference periods is also rejected. However, concerning the points of the negotiations, the employers' associations UEAPME, CEEP and Business Europe would prefer a limited mandate. In particular Business Europe would like only to negotiate issues, which are not to the advantage of employees. The already mentioned “opt-out” for example is not on the list.
Agreement must be found within nine months
Should negotiations really take place, the European social partners would have maximal nine months to come to an agreement. If no agreement is reached the ball is in the corner of the EU Commission, which will then take the initiative and present a proposal. However, handing over control - and all negotiation partners are aware of this - might also have negative consequences.
For the first time in the history of the EU, the European social partners are in a position where they can revise an already existing Directive.The revision of the Working Time Directive has been on the cards since the judgements of the ECJ from 2003, when it was decided that on-call times have to be treated equal to normal working hours. Since then, all attempts of achieving a new Working Time Directive failed not least because of the unsuccessful negotiations between the European Parliament and the Council in 2009. As a way out of this situation, one could consider the possibility that the representatives of employers and employees would reach a compromise by way of social dialogue. This approach is unique at EU level; however it could be the solution for many problems and thereby let the revision of the existing Working Time Directive become reality.
Now it is the turn of the European social partners EGB, UEAPME, CEEP and Business Europe
However, things are not as easy as it sounds. After all, the European social partner organisations represent members in all 27 Member States, and there are widely differing interests even within their own organisations. However, it looks as if the fundamental positions and the willingness to negotiate a revision of the Working Time Directive is relatively secure on both sides. The European Trade Union Confederation (ETUC) is prepared to enter negotiations if the Directive is comprehensively revised. This includes among others an abolition of the “opt-out” rule, which allows the departure from maximum working hours to the detriment of employees. Another requirement is the clear regulation that on-call times are treated equal to normal working hours, as decided by the ECJ. Any extension of the reference periods is also rejected. However, concerning the points of the negotiations, the employers' associations UEAPME, CEEP and Business Europe would prefer a limited mandate. In particular Business Europe would like only to negotiate issues, which are not to the advantage of employees. The already mentioned “opt-out” for example is not on the list.
Agreement must be found within nine months
Should negotiations really take place, the European social partners would have maximal nine months to come to an agreement. If no agreement is reached the ball is in the corner of the EU Commission, which will then take the initiative and present a proposal. However, handing over control - and all negotiation partners are aware of this - might also have negative consequences.