- Slides: 5
European Labour Law Jean Monnet Chair of EU Labour Law Academic Year 2017 -2018 Silvia Borelli: silvia. [email protected] it http: //www. unife. it/giurisprudenza/studiare/europe an-labour-law Please, check the web site for any materials distributed during the course! Lesson 11
Working Time Directive(s) Directive 93/104/EC concerning certain aspects of the organisation of working time (juridical basis: Art. 118 a) Amended by Directive 2000/43/EC in order to include sectors excluded from the scope of the 1993 Directive (air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and activities of doctors in training). Both Directives were repealed by the Directive 2003/88/EC. There are separate directives on working hours for certain workers in specific transport sectors.
Directives 2003/88/EC Scope: art. 1 § 3 Definitions (art. 2): working time; rest period; adequate rest; night time; night work; shift work. The WTD requires EU countries to guarantee: • a minimum daily rest period of 11 consecutive hours in every 24 (art. 3) • a rest break during working hours if the worker is on duty for longer than 6 hours (art. 4) • a minimum weekly rest period of 24 uninterrupted hours for each 7 -day period, in addition to the 11 hours' daily rest (art. 5) • a limit to weekly working hours, which must not exceed 48 hours on average (reference period: 4 months), including any overtime (art. 6)
Directives 2003/88/EC The WTD requires EU countries to guarantee: • paid annual leave of at least 4 weeks per year (art. 7) • for night work, average working hours must not exceed 8 hours per 24 -hour period (art. 8); night workers have the right to free health assessments and, under certain circumstances, to transfer to day work (art. 9); appropriate health and safety profection (art. 12). Principle of adapting work to the worker (art. 13) Minimum standard (art. 15); Non regression clause (art. 23) Derogations: activity for which the WT is not measured or predetermined (art. 17 § 1); derogations that can be introduced by a collective agreement (art. 17 § 2 -5; 18); limitations to derogations (art. 19); derogations by worker’s agreement (art. 22 § 1).
WTD Reviewal In 2010 the European Commission tried to review Directive 2003/88/EC through a 2 stage consultation of EU-level workers' and employers' representatives. The main outcome of the consultation was that the main cross-sectoral workers' and employers' representatives favoured the option of negotiating on the Working Time review themselves. In November 2011 they took a joint decision to start negotiations. Extensive talks were held throughout 2012, but no agreement was reached. After having carried out a detailed impact assessment, the Commission adopted: • a Report on the implementation by Member States of Directive 2003/88/EC (COM(2017)254) and a Detailed report on the implementation by Member States of Directive 2003/88/EC (SWD(2017)204); • an Interpretative Communication on Directive 2003/88/EC (2017/C 165/01)