Transcript British wage bargaining and labour market negotiations

The Working Time Directive
Review
Paul Sellers
TUC Policy Officer
[email protected] www.tuc.org.uk
TUC working time goals
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To improve the balance between work and
life
To give workers more choice over their
hours and patterns of work
To end excessive working time
Many workers want fewer hours
The Government’s Labour Force Survey
reports that:
- 9.6 million employees want fewer hours
- of which, 2.3 million want fewer hours
even if this means less pay
- plus a further 3.5 million of which want
fewer hours just by cutting their unpaid
overtime
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Source: ONS LFS Microdata service summer 2005
Problems with long hours
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Health and safety put at risk
Low productivity
Family life under pressure
Many women are discouraged from
entering long hours occupations
Long hours and health and safety
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Working more than 48 hours per week increases
the risk of contracting heart disease, stressrelated illness, depression, diabetes mellitus,
serious headaches and bowel problems
In some cases, such as driving, long hours also
increases the risk of having an accident.
Exposure safety limits for noise, dangerous
substances and Repetitive Strain Injury all
assume a 40 hour working week. (see also Slaying the Myths
http://www.tuc.org.uk/economy/tuc-9971-f0.cfm)
Long hours and stress
''Regularly working in excess of 48 hours per week
appears to constitute a significant occupational stressor
which reduces job satisfaction, increases the effects of
other stressors and significantly increases the risk of
mental health problems.
- 'Working time: Its impact on safety and health', Anne
Spurgeon, International Labour Organisation, 2003, p11
 'Working long hours does seem to be associated with
stress and poorer psychological health outcomes‘
- 'Working Long Hours', Health and Safety Laboratory,
HSE, 2002, p.19
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Working Time Regs 1998
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48 hours average week (UK individual opt-outs)
8 hour night/ 48 hour weekly limit on night work
Free health checks for night workers
Weekly rest – 1 day
Daily rest – 11 hours
In-work break of 20 minutes if day more than 6
hours long
4 weeks paid annual leave
(see -http://www.dti.gov.uk/er/work_time_regs/index.htm)
Enforcement
Limits: 48 hours week, nightwork
-HSE - factories, building sites, mines, farms, fairgrounds,
quarries, chemical plants, nuclear installations, offshore
installations (but see below!), railways, schools,
hospitals, mobile workers in road transport other than
HGV/PSV, employed taxi drivers and couriers.
-Local authorities - shops and retailing, offices, hotels
and catering, sports, leisure and consumer services.
 Entitlements: weekly, daily and in-work rest breaks, free
health checks for night workers
- worker must take case to employment tribunal
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Different working time rules
16 and 17 year old workers
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40 hour maximum week
2 days rest per week
Prohibition on nightwork – but with partial and total exemptions for
certain occupations
Mobile transport workers
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Seafarers directive – implemented by MCA 2002
Inland waterway workers – WTD, but implemented by MCA 2003
(with no opt-out!)
Aircraft pilots and cabin crew – Aviation Working Time Directive –
implemented by CAA 2003
HGV and PSV drivers – Road Transport (Working Time) Directive
implemented VOSA 2005
The opt-out from the Working
Time Directive 48-hour week
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Individuals can opt out of the 48 hour average weekly
limit
It can not be right that individuals can choose whether
to obey health and safety law
However, in practice few get a free choice. The law is
widely abused.
A Government study* suggests that 600,000 long
hours workers were put under pressure to sign the optout.
*BRMB Social Research, 'A survey of workers' experiences of the Working Time Regulations', DTI Employment
Relations Research Series No.31, November 2004
EU-15 countries
%48+
18
16
14
12
10
8
6
4
2
0
(Source: Eurostat LFS 2003)
per cent long hours workers
-15
EU
UK den
e
Sw in
l
a
Sp truga
s
r
Po her'd
t
Ne ..
xe.
Lu
ly
I ta n d
la
Ire ece
e
Gr many
r
Ge ce
n
Fra and
l
Fin mark
n
De gium
l
Be tria
s
Au
The UK Government position is
mixed
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Patricia Hewitt made a formal commitment to ‘’make
serious inroads into the long hours culture’’ within 5
years (speech Feb 2002)
They have been willing to legislate to extend maternity
leave and to introduce new working time rights
They have made some effort to spread best practice in
working time
But - they argue strongly for the continuation of the optout from the 48 hour week
… and more to come – the Warwick Commitments including public holidays to be additional to 4 weeks leave
Full-time workers hours falling
(actual weekly
hours)
40
39
38
37
FT
hrs
36
04
20
03
20
02
20
01
20
00
20
99
19
98
19
97
19
19
96
35
UK Working long hours –slow
progress, but some progress
5
(millions)
4
3
2
48
hrs
+
1
20
05
20
04
20
03
20
02
20
01
20
00
19
99
19
98
19
97
19
96
19
94
19
93
0
UK unpaid overtime may have
peaked
(Number working
unpaid overtime millions)
6
5
4
unpaid ot
04
03
02
05
20
20
20
20
01
20
99
98
00
20
19
19
97
19
95
94
93
96
19
19
19
19
91
92
19
19
19
90
3
The Working Time Directive
2003/88/EC review - procedure
Working time directive had to be reviewed in 2003
- 7 years after it took effect
• The review is conducted under Co-decision Procedure*:
1: European Commission proposes text
2: European Parliament (simple majority) and Council of
Ministers (qualified majority) agree separately on
amendments to the texts
3: EP and CoM discuss each others amendments
4: 2 readings each. if no agreement, proposals then go to
conciliation
•
* See also http://www.europa.eu.int/scadplus/glossary/codecision_procedure_en.htm
The WTD review 2003 – the story
so far
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European Commission published revisions (Sept 2004)
European Parliament agreed amended text (11 May 2005)
Council of Ministers failed to reach QMV agreement on
amendments. Split - 7 wanted more liberalisation/10 agreed with the
EC proposals/ 7 wanted more social protection/ 1 abstention
As Council of Ministers failed to agree, European Commission
withdrew original text and issued new version (30 May 2005)
Informal meeting of Council of Ministers could not agree on new text
(2 June 2005)
Text currently with COREPER (Council of Perm Reps)
Review is blocked at the moment….. but may still conclude in
2006/7 and take effect at some point between 2009-2013.
The European Commission’s
revised text
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Averaging period for 48 hour week up from 17 weeks to 52 weeks
But employers have duty to ensure health and safety are protected
‘Inactive part’ of on-call time spent on employers’ premised can
count as a fraction of normal working time – but not as a rest break
Opt-out from 48 hour hour week would be phased out by 2012;
But those already using the opt-out could apply to the EC for an
extension for ‘reasons relating to their labour market conditions’
But opt out would be under tighter conditions of use – max 55 hrs in
any week; renewable every year, not signed before commencement
or during probation period; employers keep records of hours worked
Workers would have the right to notice of their working patterns, and
the right to request flexible working.
Note - dossiers for all EU legislative proposals are at http://europa.eu.int/prelex
View of the European Parliament
ETUC and TUC General Council both back the
Parliament's proposals as best deal on offer:
 Ref period for 48 hour week increased to 52 weeks but
where there are no TU agreements employers would
have to inform and consult their workers and take
measures to ensure that H&S is protected
 ‘Inactive’ part of on-call time at the employers premises
may be counted as a fraction of normal working time
 Opt-outs should end 3 years after EC review concludes;
 Workers should have the right to 4 weeks notice of their
working patterns, and a right to request flexible working.
 ‘Autonomous workers’ exemption to be tightened
View of the Social Affairs Council
Averaging period for 48 hour week to be extended from
17 weeks to 52 weeks - no restrictions
 Inactive part of on call time should not count
 Council of Ministers divided on the opt out:
-but have not fully discussed EC’s new proposals
-and possible that 3-way split could reduce to 2 opposing
positions: countries defending the opt-out as necessary
for economic growth vs those that considered a 12
month reference period as offering enough flexibility to
allow the opt-out to be phased out.
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Latest news
Social Affairs Council working party discussed WTD in Sept 2005
-UK reps sought clarification on on-call work proposals and the
interaction with rest breaks
-UK plus 7 others want to strike out article 2b, which concerns
reconciliation of work and family life – EC unlikely to agree
 In October the EU employers org UNICE finalised its position in
favour of – both individual and collective bargaining opt outs; 12
month ref period, extendable to 24 months by CB, on call work
should not count.
 October meeting of ETUC agreed to urge EP to hold its line.
 UK Govt still committed to try to gain agreement at the Dec 2005
Social Affairs Council meeting (T.B. speech 26 Oct 2005).
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The WTD Review – prospects for
breaking the logjam
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There is still some pressure on Governments to
conclude the review because of the on-call issue
– hence UK Govt’s enthusiasm for issue
but this is weakening a bit as the review drags
and more countries use the opt-out in a limited
way to avoid the on-call judgments (7 member
states to date, 9 more are considering it)
EU presidencies matter – UK followed by
sceptical Austria, then better prospects under
more friendly Finland (July 2006)
TUC campaign against long hours
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Campaign to change the law
- end the opt-out
- extend the right to request different working patterns
Campaign against unpaid overtime
- Feb 24 2006: 3rd TUC Work Your Proper Hours Day
Argue the business case against long hours
Campaign for better enforcement
Encourage collective bargaining to deal with long hours
Review Road Transport Working time Directive (spring
2006)
campaigning with the current law
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Risk assessments and stress audits
The 48 hour week – challenging the optout
Nightwork limits – no opt-out!
On-call work on the employers’ premises
Rest breaks – very low awareness
Annual leave – est. 1 million underpaid