WORKING TIME DIRECTIVE : EXECUTIVE PROPOSES EITHER TARGETED OR BROAD REVISION.

The future revision of the Working Time Directive will take one of two forms: either a partial revision of the questions of on-call time and compensatory rest periods, or a broader revision in the light of labour market changes in recent years. These are the two options outlined in the European Commission's communication of 21 December 2010, which marks the start of a second phase of consultation of the social partners.

"The current situation is not sustainable politically or legally," commented Employment Commissioner Laszlo Andor, referring to the results of the report on implementation of the directive currently in force(1) published the same day. The report concludes that while 16 member states currently apply the derogation from the 48-hour work-week, not all set a threshold for hours spent at the workplace (up to 72 hours in Hungary, for example).

"We need a fresh start and a new EU-level approach to working time," added the commissioner. He acknowledges that this will not be easy. The first phase of consultation gives the Commission little leeway, because while all the social partners agree on the need to revise the directive, they disagree on the context, scope and objectives of such revision. Employers seek more flexibility, while the European trade unions are pressing for stronger protection of workers. No framework agreement should be expected from the social partners, who could have decided to address these matters through social dialogue under Article 155 TFEU. The Commission will therefore continue its consultation before drawing up an amending legislative proposal based on the submissions.

ON-CALL TIME AND REST PERIODS

From the dual standpoint currently under consideration by the Commission, the revision will at least cover matters of on-call time and compensatory rest periods, which according to an independent study published on 21 December are the source of considerable legal uncertainties.

In its consultation document, the Commission suggests a flexible approach to on-call time, namely that such periods should be treated as working time but that certain derogations should be allowed. At present, only nine member states consider on-call time as working time in their national legislation, in spite of the Simap and Jaeger rulings by the EU Court of Justice. The approach under consideration by the Commission...