Working Time Opt Out Retained

May 13, 2009

In the Uk we currently have the ability to opt out of the maximum working provisions of the Working Time Directive specifically the ability to extend working hours beyond 48 hours. The issue as to whether the Opt Out may be retained by the UK has been the subject of discussions between the Member States and The European Parliament for the past five years.

trying to seek agreement in Europe in relation to the Working Time Directive and
The European Parliament wanted to modify the opt-out and Member States have opposed any change and were adamant that they would oppose any removal or modification in the current economic climate.

In the absence of an agreement the Working Time Directive will remain force until a future agreement may be reached.

The proposed changes to the Directive revised Directive will fail if no agreement is reached when the conciliation period comes to an end in May. At this stage the European Commission will have to decide whether or not to introduce the proposed reforms for the Directive. However given the extensive support for the retention of the opt-out it is difficult to see how agreement on the new proposal could be reached.

This is the first time that no agreement could be reached via conciliation. This is good news for the for both employers and employee’s as they can continue to work additional hours for the needs of the business or for personal financial reasons.