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Working Time DirectiveWhat is the Working Time Directive? Limitation of working time: a longstanding trade union demandSetting a limit on the number of hours workers must work is one of the oldest and most fundamental trade union demands, dating back to the struggles of the 1880s and earlier. In 1919, the very first international convention on working conditions established the eight-hour working day and the 48-hour week. The European Union has acknowledged these principles since its foundation. The European Social Charter of 1961 obliged Member States to ensure "reasonable daily and weekly working hours", and a progressive reduction in the length of the working week, while the EU Charter of Fundamental Rights (2000) declares that "every worker has the right to limitation of maximum working hours" at the heart of its action and expression. The DirectiveThe 1993 Working Time Directive was a major step forward, setting a 48-hour maximum working week and laying down requirements for rest and leave periods. The Directive's main objective is to promote health and safety at work, given the clear evidence that people who work long hours run higher risks of illness and accidents. It binds all 25 Member States of the EU. The ETUC regards this legislation not only as a basic cornerstone of workers' well being, but also as an indispensable feature of the social dimension of the internal market, especially in light of enlargement. Its main provisions cover:
ScopeThe Directive excluded workers in air, road and rail transport, fishing and activities at sea, and doctors in training. It allowed for the average working week to be calculated over a longer 'reference period' of up to four months, or up to 12 months by collective agreement, and gave member states some leeway to define terms such as 'rest period' and 'night work' through national legislation, which had to be in place by November 1996. The 2000 Amendment: DirectiveIn 2000 The amendment extended the law to cover non-mobile workers in areas that were previously excluded. In addition, agreements in sectors such as maritime and civil aviation subsequently became law, while a new Directive in 2002 gave protection to mobile workers in the road transport industry. Member states had until August 2003 to apply the amendment, or August 2004 in the case of trainee doctors. The Working Time Directive and your BusinessAs an employer you have a responsibility to promote the health and safety of your employees in relation to the hours worked. One of the simplest ways to monitor your employees working hours is through the application of an employee time and attendance system. This will provide a simple and effective way of monitoring staff working hours and will ensure that you can uphold the employer responsibilities for employee welfare under the Working Time Directive. |
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