EC Working Time Directive changes proposed

New approaches aimed at preventing abuse may impact upon business continuity teams.

The European Commission has, after extensive consultation across Europe, adopted a proposal to update key aspects of the Working Time Directive. The individual opt-out from the 48 hour week would remain possible, but would be subject to stricter conditions to prevent abuse.

Issues which may impact specifically upon business continuity teams are the methods in which a company can obtain the agreement of individuals to opt-out of compliance with the directive. If this opt-out is not agreed then any member of the business continuity team would have the right to refuse to work more than 48 hours in any week. The directive would still be in force during a crisis situation when extremely long hours would normally be expected from the business continuity team. The company could not force members of the team to work extra hours and neither could it take any action against team members who, for whatever reason, decided not to do so.

Given the above it would be wise for companies to enter into negotiations with all members of staff who may be required to work additional hours during a crisis situation to obtain their agreement to opting out of the Working Time Directive. However, the new approach will add three important considerations:

a) The employer will not be able to obtain such consent at the time of signing the employment contract,
b) The employee will be free to withdraw his/her consent at any moment, and
c) If a business has trade union or other collective representatives, these must be consulted and involved in the process of negotiation with individual staff members.

Another new proposal which will have an impact on the business continuity team is the creation of a new category of on-call time - the ‘inactive part’ of on-call time. This is the time the worker, although available for work at his place of employment, does not carry out his duties. This will not be counted as working time, unless otherwise stipulated by national law or collective agreement.

The proposal also specifies that compensatory rest would not have to be granted immediately, but within 72 hours.

The proposal will now be sent to the European Council and Parliament for agreement.

The full text of today's proposal is available here.

•Date: 24th September 2004 • Region: UK/W.Europe •Type: Article •Topic: BC general
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