By Henrietta Billings - 18th May 2004
Brussels is set to create a new category of "working time", as part of a wholesale revision of EU rules governing the 48-hour working week.
Results of a first leg of consultations with industry include commission plans for additional rules to cover the "on call time" worked by the medical profession.
This would include a combination of "working time" and "rest period" -the two current definitions in the working time directive.
The EU has urged employers' and workers' groups to try and find middle ground on the definition of a third category to define the ‘inactive’ part of on-call time.
Failing agreement between the two sides, the commission would insert its own definition.
The new rules tackle the problem faced by national health systems following the 'Jaegar' case, which Brussels warned would have sweeping financial and staffing implications.
In September last year, the EU's highest court ruled that a German doctor should be deemed to be working even when only on call.
Norbert Jaeger, who regularly worked on call, had taken his employers to court over his working hours at a hospital where he was allocated a bed for rest when his services were not required.
The ruling prompted widespread concern from EU governments and the implications the judgement would have on national health systems.
The German government estimated that the ruling could cost up to two billion euros and require 20,000 more doctors, although a German doctors' association put the figures at 1 billion euros and 15,000 doctors.
The second phase of talks with employers and workers unions was announced on Wednesday and will continue for a further six weeks.
Brussels hopes that both sides can agree on a plan to revise the directive which will also include the best way to tackle abuses of an opt-out and revision of the reference period - the period over which the 48 hour weekly average is calculated.
If they decide not to negotiate the commission will propose a new version of the directive based on the findings of the first round of consultations.
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