Working Time Directive Commission consultation

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The Working Time Directive 2003/88/EC provides minimum standards common to all member states for protecting workers from health and safety risks associated with excessive or inappropriate working hours, and with adequate time for rest and recovery from work. It was adopted by the European Parliament and the Council in 2003.

The Directive applies to all sectors of activity. Over the past 20 years fundamental changes have occurred in the world of employment and the economy which have had an impact on many aspects of the organisation of working time. As a result the Commission is now reviewing the kind of working time legislation the EU needs in order to cope with the current and future challenges.

The Commission has issued an on-line survey to gather insights on the Working Time Directive.  The survey will run until 15th March 2015 and can be found here.  The NFU will be responding and is keen to hear members views on the following aspects. 

  • What are the impacts of the Working Time Directive on your business
  • Under the current WTD on-call time is fully regarded as working time for the purpose of the Directive, regardless of whether active services are provided during that time. The period of on-call time within which the worker actively provides services is usually referred to as ‘active on-call time’, while the period within which services are not provided can be referred to as ‘inactive on-call time’. Would you like to see this changed and what impact does this have on your business?
  • Under the current WTD stand-by time does not have to be considered as working time for the purpose of the Directive. Only active stand by time i.e. in which the worker responds to a call, has to be fully counted as working time. Would you like to see this changed and what impact does this have?
  • Under the current WTD a worker who by derogation from the general rules has not received their minimum daily rest of 11 consecutive hours in a 24 hour period, will have to receive an equivalent period of compensatory rest (11 hours ) directly after finishing the extended working time period. This sets a maximum of 24 hours to a single consecutive shift. How would you assess the possible introduction in WTD of provisions regarding the period within which such a compensatory rest has to be taken:
  • would you want to see provision allowing employers the possibility of granting compensatory rest within 2 days or
  • allowing employers the possibility of granting compensatory rest within 4 days.
  • Or are there other options that should be considered?
  • Do you have any comments or suggestions on how the WTD can be improved to meet future challenges?

Please contact bGVlLm9zYm9ybmVAbmZ1Lm9yZy51aw==">Lee Osborne with any comments regarding the WTD by 14th March.