By Henrietta Billings - 7th September 2004
UK premier Tony Blair has written to Brussels chief Romano Prodi pleading the case for Britain's coveted 'opt-out' of key EU employment rights legislation.
In a letter seen by EUpolitix.com, Blair stresses the importance to the UK of retaining the so-called 'opt out' concession to European legislation setting a maximum working week.
"It is ... important to the UK that the working time proposals retain the individual opt-out, while addressing other abuses," he writes.
"Our flexible labour market...depends on measures such as this which allow workers to exercise choice over their working lives."
Blair reminds Prodi of the "fundamental importance" that the working time rules have in Britain for the UK's state-run health service and free-market economy.
And the centre-left leader conveyed his concerns about the impact of recent rulings at the European Court of Justice.
"It is vital, if we are to sustain the provision of effective healthcare in the UK, that we find an adequate solution to the problems arising from these judgements".
The European Commission launched a revision of its ten year old 'working time directive' this year amid controversy surrounding the opt-out negotiated by Britain.
The working time directive set out rules for a maximum working week of 48 hours for employees across Europe - rules that have been championed by former EU employment chief Anna Diamantopoulou.
But Britain has been singled out for its 'abusive' interpretation of the opt-out clause- negotiated in 1993 - which allows workers to opt-out of the law and work longer hours.
A recent report by the commission found that 16 per cent of British employees worked longer than 48 hours a week.
This use of the opt-out, fiercely guarded by the UK, has angered several countries such as Sweden who have called for the abolition of the whole clause.
There is also the issue of time spent 'on call' and whether or not employees, such as doctors and health care professionals, can call it 'working time', and therefore part of the 48 hour working week.
Norbert Jaeger, who regularly worked on call, took his German employers to the EU courts 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 €2 billion and require 20,000 more doctors, although a German doctors' association put the figures at €1bn euros and 15,000 doctors.
The commission launched a consultation on the directive earlier this year between employers and trade unions in an attempt to find a suitable solution.
Talks between employers and trade union groups set up by the commission to agree changes ended recently in gridlock with neither side able to find a way forward.
The commission is now expected to come up with its own draft proposals on September 22.
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