EU fails to agree on working time

Europe’s employment ministers have again failed to reach an agreement on revising the EU’s working time directive, after marathon talks in Luxembourg.

Despite early optimism that an Austrian EU presidency compromise package would break the long running stalemate over national opt-out clauses to the EU’s 48 hour week rules; ministers remained deeply divided after talks dissolved through the night.

“We were miles away from a compromise, because both sides were unconciliatory towards each other and increasingly combative,” said Austrian economy minister Martin Bartenstein according to press reports early on Friday morning.

“I don’t see chances for compromise,” said Bartenstein, adding “we’ve never been anywhere near a compromise.”

Austria had high hopes of breaking the long running deadlock – which has defeated three previous EU presidencies - on reform of the directive.

The stalemate centres on an opt-out clause used by the UK and other member states that allows employees to work longer hours that the maximum 48 hour week.

London has refused to give up the opt-out, negotiated by former prime minister John Major in 1993, saying that it allows greater worker flexibility and helps to keep the country competitive.

France and Sweden lead those member states opposed to the opt-out, strongly backing Brussels proposals to phase out the clause over a seven year period.

The European parliament has taken a tougher line, calling for the opt-out to end within three years.

But the UK wants the opt-out to remain in place indefinitely.  UK trade minister Alistair Darling had early on made it clear that a deal would only be struck if “a legally watertight opt-out,” was secured.

Discussions on other issues on the table, including a cap on the weekly maximum length of the working week – The UK had proposed a 65 hour week – and the classification of on call time, also collapsed.

Earlier on in the discussions, EU employment commissioner Vladimir Spidla pressed London to accept concessions that would break the stalemate, calling for a one month “cooling off” period for new employees to reconsider whether they wanted to work longer hours.

The collapse of talks may force Brussels to take legal action against a number of member states currently in violation of European Court of Justice rulings over on call time – the court said that the hours when workers such as doctors were on call - should be counted towards their 48 hour weekly total.

Critics argue that without an opt-out for essential medical staff, Europe’s hospitals and emergency services would grind to a halt.

The upcoming Finnish EU presidency will look again at the issue.  Helsinki has vowed to give the dossier priority treatment during their six month stint at the EU’s helm.

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