Revision of the Working Time Directive CBSP Committee 7 November 2012 Jorma Rusanen

1. Revision of the Working Time Directive CBSP Committee 7 November 2012 Jorma Rusanen

2. 1. Revision of the Working Time Directive • Previousattemptsto revise the WTD failed • Failedconciliationprocessbetween EP and Council, spring 2009 • Herewearegoingagain • The Commission’s 1st consultationMarch 2010 – 2nd consultationDecember 2010 [Communication COM(2010) 801/3] • The Social Partnersstartednegotiations on 8 December 2011 • Negotiationsaredifficult; whatare the possibilities to succeedaftersomanyyearsstalemate? • Wemustbeready for the ”plan B”, if … • What is sure, the Commissionwillgiveitslegislativeproposal in case negotiationsfail • Key issuesremain: a health and safetyDirective • Workinghours (opt-out), on-call, referenceperiods, daily/weeklyrest, paidannualleave/sickleave, reconciliation of work and family life, autonomousworkers(senior management)

3. The Working Time Directive (2) The negotiationsbetween ETUC, BusinessEurope, CEEP and UEAPME • 9 months => FromDecember to (September) December 2012 • The social partnersasked and got 3 monthsextensionfrom the Commission • Aim: an agreement, to beimplementedbyCouncildecision (Directive) • Nextmeetings: 21, 23 and 30 November, 3 December; earliermeetings: 10 February, 8 March, 20 April, 10-11 May (fact-findingseminar), 26 June, 24 September and 31 October ETUC: A broader revision of the directive • Solid, wide mandateadoptedby the ETUC ExecutiveCommittee on 19 October • Now on the tableputby us: 1) opt-out, 2) reconciliation of work and family life, 3) definition of autonomousworkers (managerialstaff) BusinessEurope: Narrow revision • Wants to limit the revision to three issues • On-call time, paid annual leave/sick leave , reference period and compensatory rest

4. The Working Time Directive (3) • The ETUC’s and industriAll’skey demands: • Workers health and safety at work cannot be subordinated to purely economic or financial considerations; • End to the opt-out; • Respect of on-call work as working time (ECJ case law); • Equivalent compensatory rest being fundamental (ECJ case law); • No prolongation of reference periods without sufficient safeguards and • Maximum working time has to be counted per worker and not per contract • Protection of managerial staff

5. The Working Time Directive(4) BUSINESSEUROPE, CEEP, UEAPME: • On-calltime: the distinction between active / inactive working time, only the active part of on-call being regarded as working time • Annual leave/sick leave: MS to determine the conditions; not in compliance with ECJ cases • Reference periods: to extend to 12 months also by means of national legislation • Compensatory rest period: ‘within a reasonable period’ to be determined by national legislation, collective agreement or agreement concluded between the social partners; the proposal is in conflict with the purpose and scope of the directive and the ECJ judgments • Opt-out

6. The Working Time Directive(5) The ETUC’sotheractions: • The ETUC launchedan information and awarenesscampaign on workingtime to backupnegotiations; • The ETUC and its national affiliatespromotelegal action against a Member State for failure to complywith European workingtimeregulation At the sametime: • EU Commissionhaslaunched an infringementprocedureagainst 2 MS (Ireland and Greece) for seriousviolation of the WTD – Junior doctors’ workingtime • The ETUC hasencouragedthe Commision to put an end to excessiveworkinghours in Europe and to investigate the situation in other MS