By Henrietta Billings - 5th January 2004
European trade unions have slammed Brussels over its probe into the effect of EU rules on working time.
The report, unveiled on Monday by EU employment chief Anna Diamantopoulou was greeted with disappointment by John Monks, General Secretary of the European Trade Union Confederation.
EU employment chief Anna Diamantopoulou has been reviewing implementation of key workplace rights legislation ten years after its introduction, and unions had hoped for more concrete proposals in the report which would stop Britain and other countries abusing their opt-out.
"With Commissioner Diamantopoulou having accepted that the implementation of the Working Time Directive has been unsatisfactory...I am very disappointed that the commission has not felt able to come forward now with concrete proposals for remedying the situation," said Monks.
However, the Confederation of British Industry (CBI) who has been campaigning for Britain to preserve it's right to implement the opt out urged the Commission to give workers the flexibility to work longer as well as shorter hours.
"The Commission is right to recognise the importance of choice over working hours and the value of the individual opt-out from the working time rules," said Susan Anderson, CBI Human Resources director.
"This review must not lead to the removal of that vital freedom.
UK employees have more choice about the hours they work than those almost anywhere else in Europe. They value that flexibility and so do employers."
Under the European working time directive employees cannot be forced to work more than an average of 48 hours a week.
But in 1993 Britain negotiated an opt-out which allows countries to evade the limit to the working week subject to certain conditions.
And according to the Brussels report, twice as many UK workers opt out of laws to restrict their working hours as elsewhere in Europe.
The commission is concerned that workers are being asked to sign the opt-out agreement at the same time as signing employment contracts - effectively limiting their freedom of choice.
"We appreciate the importance of freedom of choice of individuals as to how they work," said Diamantopoulou on Monday.
"But in practice the measures that the directive foresees to safeguard the workers' interests when opting out are not properly implemented."
The findings of the investigation show that Britons work the longest hours in the EU, with 16 per cent of the workforce claiming to work more than 48 hours.
The report will now be reviewed by EU employment ministers and the European Parliament, with a final decision expected by autumn 2004.
Any changes to the directive would need the backing from a qualified majority of EU member states.
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