After years of negotiating between the European Parliament and the Council, the unique chance came up last year to reach agreement concerning the Working Time Directive. The positions, however, were too far apart; hence was impossible to reach agreement. As a result, the problems associated with the current Working Time Directive were only prolonged and by no means solved. A blow to the health and safety of workers, who are at the forefront to the Working Time Directive.

Now, the Commission is planning a new advance. The issues to be discussed are whether one should only concentrate on those aspects of the Directive, which were particularly problematic during the 2004-2009 negotiations or whether a comprehensive review of the Directive would be more sensible. The Commission has envisaged the latter and bases its arguments on the fundamental change in the working environment since the original conception of the Directive. A basic for the review should also include an impact analysis with a strong social dimension and the already mentioned comprehensive consultation of the social partners.

The Commission does not once mention the abolition of the opt-out, the possible departure from the maximum weekly working hours. Originally only introduced as an exemption clause for Great Britain, by now already 14 EU Member States are applying the Opt-Out Rule. The AK has always clearly come out in favour of abolishing the opt-out. The Communication also addresses the on-call service issue; a solution, however, cannot be detected.

The social partners now have six weeks to let the Commission know their point of view. The end of the Communication includes questions, for which the Commission hopes to get answers. The questions asked are for example whether the Working Time Directive works in general, whether the Commission should take the initiative to change it or whether the social partners would prefer to negotiate themselves. The last question is certainly one of the most exciting ones because there might be the possibility that the European social partners enter negotiations and agree on a new Working Time Directive. However, it is still too early to make a prediction.