Maltese workers will continue to have the choice to work more than eight hours of overtime a week under an amended EU law whose earlier versions had proposed to do away with that option.
On the other hand, the controversial revision of the Working Time Directive will grant them the right, for the first time, to refuse to work more than a 48-hour week.
After four years of negotiation under six EU presidencies, EU social policy ministers in the early hours of Tuesday managed to clinch a deal on the amended directive, which regulates the number of hours per week employees are allowed to work, including overtime.
The need for a revision of the directive had arisen following a ruling by the European Court which stated that all time spent by workers on duty - whether actually working or just making themselves available - should be regarded as proper "working time".
Yesterday's deal, agreed following a qualified majority vote, safeguards Malta's position. The island has fought tooth and nail to retain the so-called opt-out clause which currently permits Maltese workers to do as much overtime as they like, independently of the maximum 48 hours a week set by the directive.
"We have managed to safeguard our interests," a spokesman for the government told The Times after the meeting.
"Malta has been arguing for the past four years that its employment market necessitates a more flexible working attitude particularly in the health, tourism and security sectors.
That is why we needed to retain the opt-out."
The Commission and various member states, backed by the majority of European trade unions, had originally wanted to discontinue the "opt-out" clause used in particular by the UK, Malta and a number of eastern member states. The Commission held that working hours need to be limited for health and safety reasons. However, the "opt-out" member states blocked the proposed legislation time and again so a compromise ultimately had to be sought.
According to the agreement, member states who wish to can apply the opt-out clause in their national legislation. Workers, however, cannot be forced to work more than eight hours of overtime in a week if they don't want to.
As part of the compromise, member states have decided to review the issue in eight years' time and see whether they want to abolish the opt-out.
Contrary to the prevailing situation in Europe, Maltese trade unions support the government's position as they prefer leaving the issue of overtime to be decided by workers individually. EU trade unions yesterday criticised the deal saying they will be lobbying the European Parliament to vote against it.
The European Trade Unions Confederation (ETUC), whose affiliated members include the General Workers' Union and Union Ħaddiema Magħqudin, said yesterday that the deal is not in the interest of workers. ETUC secretary general, John Monks described it as highly unsatisfactory and unacceptable to the ETUC particularly in respect of the continuation of the opt-out.
"We will now be working with allies in the European Parliament to amend this agreement," Mr Monks said.
Parliament's consent is needed in order to proceed with the agreement reached by EU Ministers. If the vote scheduled for the end of this year fails, the deal will be sent back to the drawing board.
During yesterday's meeting in Luxembourg Malta was represented by Social Policy Minister John Dalli.
Highlights of the Working Time Directive agreement
• On-call time to be split into active and inactive on-call time. Active on-call time to be counted as working time.
• Inactive on-call time may not be counted as rest time and can be counted as working time if national laws or social partners agree.
• Standard maximum limit remains at 48 working hours per week unless an individual worker chooses otherwise (opt-out).
• New protective limit (cap) for workers who opt out: Maximum working week of 60 hours unless employer and union agree otherwise.
• New cap for workers who opt out if inactive on-call time is counted as working time: Maximum working week of 65 hours.
• The cap protects all workers employed for longer than 10 weeks with one employer.
• Opt-out only under certain conditions, such as: No signature during first month of employment, no victimisation for not signing or withdrawing opt-out, employers must keep records on working hours of opted-out workers.