The European Working Time Directive lays down minimum requirements for working hours, rest periods, annual leave and arrangements for night workers. The main limitations of the Working Time Directive and its subsequent legal interpretations ensure a 48-hour limit to the number of hours worked in any one week and impose a requirement for a minimum of 11 hours rest in any 24-hour period, which means that the maximum anyone can work at a stretch is 13 hours.

In respect of doctors, the directive stipulates that as from August 1, all doctors in training should be working a 48-hour week. Time spent on call by doctors is regarded as working time if they are required to be present at the health centre. This legal interpretation follows a decision of the European Court of Justice according to which doctors who are resident on-call will be considered as working, even if the doctor is asleep for some of that on-call time.

The Working Time Directive is aimed at protecting trainee doctors' health and safety from the effects of working long hours, having inadequate rest, disruptive work patterns, and can contribute to improved work performance with a better balance between work and family life.

This notwithstanding, there has been some concern from certain quarters in relation to the new stringent rules, especially due to their untimely introduction which clashed with the swine flu pandemic and the recession. Others have warned that these rules could compromise patient care.

In the long-term however, the directive will ultimately be essential for doctors and patients alike. Better rested doctors provide better patient care and the ability of doctors to learn is vastly improved when they are well rested. The directive also provides for other measures, including one rest day per week (24 hours per seven days which can be aggregated to 48 hours rest per 14 day working period), a maximum working duty period of 13 hours allowing for 11 hours rest period per day and a 20-minute break per six hours worked.

As with other employees, doctors can opt out of the maximum 48 hours working week. However, this should be agreed in writing and no employee can be forced to work more than 48 hours. There can be no opt out from the rest and leave provisions.

Employers, therefore, must take reasonable steps in line with health and safety requirements to ensure that the 48-hour average weekly working hours limit is complied with.

Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.