Working Time Directive
|European Union directive:|
|Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time|
|Made by||European Parliament & Council of the EU|
|Made under||Art. 137(2)|
|Journal reference||L 299, 2003-11-18, p. 9|
|Came into force|
|EESC opinion||C 61, 2003-03-14, p. 123|
|Status: Current legislation|
The Working Time Directive, 2003/88/EC, is a Directive of the European Union. It gives EU workers the right to a minimum number of holidays each year, rest breaks, and rest of at least 11 hours in any 24 hours; restricts excessive night work; and provides for a right to work no more than 48 hours per week. It was issued as an update on earlier versions from 22 June 2000 and 23 November 1993. Excessive working time being cited as a major cause of stress, depression and illness; the stated purpose of the Directive is to protect people's health and safety.
Like all European Union directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the United Kingdom, it is possible to opt out of the 48 hour working week and work longer hours. However, it is not possible to opt out of the other requirements. France passed stricter legislation limiting the maximum working week to 35 hours.
After the 1993 Council Negotiations, when the Directive was agreed to after a 11-1 vote, UK Employment Secretary David Hunt said "It is a flagrant abuse of Community rules. It has been brought forward as such simply to allow majority voting - a ploy to smuggle through part of the Social Chapter by the back door. The UK strongly opposes any attempt to tell people that they can no longer work the hours they want."
|This section may need to be rewritten entirely to comply with Wikipedia's quality standards. (September 2011)|
Aims and definitions
- art 1 purpose as health and safety
- art 2 definitions; night time is between 12pm and 5am and not less than seven hours
- art 14 more specific EU provisions take precedence
- art 15 minimum standards directive
- art 16 maximum reference period is 14 days for art 5; 4 months for art 6; and determined by collective agreement for art 8;
- art 23 the Directive cannot be a reason to reduce protection
- art 24 report to Commission about the implementation of the WTD
arts 25-26 review of derogations for fishing boats and passenger carriers
- art 3 there must daily rest of 11 hours per 24 hour period
- art 4 a rest period for every six hours, set by legislation or collective agreement
- art 5 weekly rest of 24 hours uninterrupted, on top of the daily rest in art 3, but derogation justifiable for technical, organisational or work reasons
- art 6 (a) member states must ensure weekly working time is limited by law, or collective agreement(b) average working time should not exceed 48 hours for each 7 day period
- art 17 derogations allowed under arts 3-6, 8 and 16 for (1) ‘managing executives or other persons with autonomous decision making powers’, family workers and religious leaders (2) …. (5) doctors’ provisions
- art 18 derogations by collective agreement
- art 19 limit to derogation for reference period
- art 20 mobile and offshore workers
- art 21 workers on fishing vessels
- art 22 ‘miscellaneous’ (1) individual opt out for art 6 where (a) the worker agrees (b) no detriment for not agreeing (c) records kept up to date (d) authorities kept informed (e) information given (2) three week trasitional provision (3) inform Commission
- art 18 annual leave of at least four weeks (i.e. 20 days on a full-time basis) and no payment in lieu except where employment is terminated
- art 8 (a) eight hours night work in any 24 hour period on average (b) eight hours where hazardous or strenuous work
- art 9 free health assessments for night workers
- art 10 night workers who risk health can be given guarantees (?)
- art 11 night workers to be notified to competent authorities ‘if they so request’
- art 12 night and shift workers should have health protected
- art 13 ‘an employer who intends to organise work according to a certain pattern takes account of the general principle of adapting work to the worker, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate’
The Working Time Directive has also been clarified and interpreted through a number of rulings in the European Court of Justice. The most notable of these have been the "SIMAP" and "Jaeger" judgments (Sindicato de Médicos de Asistencia Pública v Conselleria de Sanidad y Consumo de la Generalidad Valenciana, 2000 and Landeshauptstadt Kiel v Jaeger, 2003). The SIMAP judgment defined all time when the worker was required to be present on site as actual working hours, for the purposes of work and rest calculations. The Jaeger judgment confirmed that this was the case even if workers could sleep when their services were not required.
- EU labour law
- UK labour law
- German labour law
- Labour law
- Working Time Regulations 1998 (SI 1998/1833)
- formerly Directive 93/104/EC of 23 November 1993
- The Scotsman, “Britain plans court challenge over limit on working week”, 2 June 1993.
- Documents from the European Council, Commission, and Parliament
- Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time
- Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time – repealed by Directive 2003/88/EC, as follows
- Prelex: adoption procedure of Directive 2003/88/EC
- National implementing measures of Directive 2003/88/EC
- Report from the Commission on the operation of the provisions of Directive 2003/88/EC
- Commission Opinion — Extension of transitional arrangements for the working time of doctors in training in the United Kingdom
- Commission Opinion — Extension of transitional arrangements for the working time of doctors in training in Hungary
- Prelex: Adoption procedure file for the Commission's proposal for revision of Working Time Directive, COM(2004) 607. Legal Observatory: The European Parliament's procedure file for the proposal.
- Judgments from the European Court of Justice
- Judgment of the Court of 12 November 1996. United Kingdom of Great Britain and Northern Ireland v Council of the European Union. Council Directive 93/104/EC concerning certain aspects of the organization of working time - Action for annulment. Case C-84/94.
- Judgment of the Court of 3 October 2000. Sindicato de Médicos de Asistencia Pública (SiMAP) v. Conselleria de Sanidad y Consumo de la Generalidad Valenciana
- Judgment of the Court of 9 September 2003. Landeshauptstadt Kiel v Norbert Jaeger
- Non-governmental organization documents
- European Public Health Alliance: "Impact on health workforce of the working time directive"
- With regard to the United Kingdom
- Department of Trade and Industry: Working Time Regulations
- Health & Safety Executive: The Working Time Regulations
- Department of Health: European Working Time Directive
- Guardian (2006-11-06): Q&A: the working time directive
- BBC News (2002-04-29): Q&A: Working time directive
- NWP and the Working Time Directive 2009. In 2009 the maximum hours that junior medical staff in the NHS work will be reduced from 58 to 48 under European law. This is a major challenge for the health service and will require new ways of working to be adopted. NHS National Workforce Projects has been appointed as the lead organisation to help support the NHS in finding and implementing solutions to WTD 2009. We are working with a wide group of stakeholders and piloting solutions that look at new ways of working and communicating best practice in the build up to 2009.