Another attempt to solve working time directive impasse

EU Social Policy Ministers meet in Luxembourg today to have another go at solving the impasse over the working time directive, which regulates the total weekly hours employees are allowed to work, including overtime.

The issue will be put to the ministers for the seventh time in a row.

Over the past three years, EU member states were divided over the issue. The thorniest point seems to be the so-called opt-out clause invoked by various EU member states, including Malta, to allow a free hand in working overtime.

Originally, the Commission had suggested the complete removal of the opt-out but, following discussions with the different member states, a compromise was reached to retain this possibility although with a more regulated regime. Some member states, notably France and Germany, are insisting that the opt-out should be removed.

Sources close to the Council said that, according to proposals made a few days ago by the Slovenian presidency the opt-out clause will still be permitted.

"Malta's position is thus assured as the island can still choose to use the opt-out," sources said.

Malta's position is shared by the social partners.

The presidency text in front of today's EU Social Policy Ministers' meeting provides for the possibility of the opt-out clause, with some elements being taken into account to guarantee the protection of health and safety of workers, in particular that the opt-out clause will be seen as an exception and that the working week of a maximum of 48 hours remains the general rule in the EU.

The text proposes that the implementation of the opt-out must be laid down by collective agreement, agreement between the social partners or by national law and that an employee who refuses to work more than the average working time must not suffer as a result.

Sources close to the government said yesterday that Malta can live with the text tabled by the presidency.

However it is still uncertain whether a qualified majority of member states will support this latest compromise.

The need to revise the working time directive followed a ruling by the European Court of Justice which decided that all the time spent by workers on duty - whether actually working or just making themselves available - should be regarded as proper "working time".