Malta's deal on overtime directive in jeopardy

MEPs have voted to scrap the opt-out clause allowing employees to work more than 48 hours a week, putting Malta's flexible approach to overtime in the balance.

The European Parliament's Employment Committee yesterday rejected a deal struck by member states in June on the revision of the Working Time Directive regulating the number of working hours in the EU.

According to the committee, opt-out clauses should now lapse three years after the reformed directive enters into force. If this position is confirmed by next month's plenary session, Malta's unlimited overtime culture will be in jeopardy.

At the moment, Malta enjoys an opt-out from the Working Time Directive, allowing employees to work as much overtime as they want and businesses to adopt more flexibility.

After four years of haggling on the revision of this directive, Malta had last June secured its position to retain the opt-out option. Member states had agreed to allow opt-outs, as long as the workers involved agreed to work more than the 48-hour week stipulated by the directive.

The deal is now under threat following the stand adopted by the EP committee.An EU Council official, who negotiated the compromise in June, said yesterday that if the committee's position was supported by the full EP chamber in next month's vote, Malta's deal will be in danger.

"This will not affect negatively only Malta but also all the member states that use the opt-out, such as the UK and certain eastern member states," the official said.

If the EP's decision is approved, he added, Maltese workers cannot work more than eight hours of overtime a week, even if they want to. "I think this won't be acceptable to member states," he said.

Malta has always argued for an opt-out possibility, maintaining that the employment sector required a more flexible working attitude, particularly in health, tourism and security.

The government's position is supported by both employers and unions, contrary to the prevailing situation in Europe where trade unions are against the opt-out in order to safeguard the worker's health and safety. If the EP plenary rejects the committee's decision, it will mean the deal will be back on the drawing board and member states will have to find another solution. This will need a qualified majority at a member states' level and countries in favour of an opt-out, such as Malta, may find themselves in a minority.