MEPs likely to drop 48-hour opt-out clause

MEPs will today vote on a revised EU working time directive and are likely to back the scrapping of the opt-out clause, against the wishes of Malta and other EU countries, most notably the UK.

This is the first time the plenary, meeting in Strasbourg, will vote on the directive and the decision will still need the backing of member states.

However today's votes will undoubtedly send clear messages to EU members.

Sources close to the European Parliament told The Times yesterday the report presented by Socialist rapporteur Alejandro Cercas will most likely be approved and that will mean the beginning of the end of unlimited overtime for European workers.

The five Maltese MEPs are expected to vote against the Cercas report, supporting the position adopted by the government against the abolition of the opt-out clause.

Malta forms part of a blocking majority at Council level, lobbying in favour of retaining the opt-out clause and insisting that workers should retain the right to choose whether or not to work more than a 48-hour week on overtime basis.

Speaking during the debate yesterday, Mr Cercas, the Spanish employment and social affairs committee's rapporteur, said it was the Parliament's responsibility to restore confidence in the European social model given the high expectations of Europe's citizens. He considered working conditions to be the way to do this. "We need to give a clear signal of our commitment to and trust in the European social model."

He called for the opt-out clause to be scrapped without exception, saying there must be the same legal base in all EU member states. "The opt-out runs counter to the goals of worker health and safety and violates the fundamental principles of the Constitutional Treaty and the Charter of Fundamental Rights." Citing the Lisbon Strategy, he said he was in favour of flexibility but that the opt-out clause had to be struck out.

Mr Cercas's speech was soon countered by Nationalist MEP Simon Busuttil appealing for common sense on the issue.

He said the original Commission proposal to change the law in order to curb abuse was a good basis for discussion, however, the report tabled in the European Parliament to respond to the Commission proposal went too far and could cause serious problems particularly in countries that had not achieved a sufficiently high standard of living.

Dr Busuttil asked why the European Parliament should want to remove the right of employees to work as much as they want, particularly in countries where this was necessary to increase the take-home pay.

"What will workers with a mortgage do if we remove their choice for overtime? It is good to have higher social standards. However, we are not living in theory but in reality. At a time when everyone is talking about the Lisbon Strategy in order to achieve higher economic growth and create more jobs, the last thing we need to remove is their right to work more than eight hours overtime per week. Who are we to take away this right?" Dr Busuttil asked.

The Nationalist MEP appealed for common sense on this sensitive directive and said that if anyone is abusing the opt-out clause, the EU should attack the abuse and not remove the right of workers to choose to work overtime.

Originally, the first directive regulating working time came into effect in 1993 setting down a maximum working week of 48 hours, with the possibility of individual opt-outs.

Under the existing system, individuals can sign an agreement with their employers to opt-out of the directive, choosing their own schedule outside the 48-hour time limit.

The original Commission proposals adds safeguards to the opt-out to avoid employer pressure. This included new worker rights such as that the opt-out agreement should not be signed at the same time as the employment contract and that workers who refuse to sign may not suffer any detriment.

The Commission's proposal also includes a new definition of on-call time whereby the time a worker spends on call but not actually working will not be considered as working time. This proposal is also being opposed by the European Parliament arguing that on-call time should be considered as part of the working time. For Malta this is not an important issue as on-call or rest time spent at a workplace is already considered as part of the working time.

Following today's vote, the amended draft directive will be sent back to the Council of Ministers to be raised again during the Employment and Social Affairs Council next month.