Revision of the main Working Time Directive: reaches conciliation

The Council of Ministers and the European Parliament have been attempting to agree on the revision of the main Working Time Directive since 2004.

Progress has been difficult due to fundamental differences on issues such as the 'opt-out' from the 48 hour working week limit and the definition of 'on-call' time.

In September, the Council finally came to an agreement that would allow for an opt-out from the average 48 hour week but would introduce an overall cap of 60 hours averaged over three months or 65 hours over three months if the inactive part of on-call time was classed as working time. Opt-outs agreed at time of signing of the employment contract, or within the first four weeks, would be null and void, except for short-term contracts. Workers who signed an opt-out could withdraw consent at any time in the first six months. After this period they could withdraw consent at anytime, as long as two months' notice is given.

The Parliament overturned this agreement in December 2008 when it called for the opt-out to be removed three years after the revised directive came into force. It also called for all on-call time to be counted as working time. This decision is unacceptable to the Council of Ministers who recently decided to reject the Parliament's position.

A formalised negotiation process, Conciliation, will now begin between representatives of all the European institutions, whereby they will attempt to produce a compromise agreement that is acceptable to all.

There is little time left to reach an agreement.  Should a deal be reached, it is expected that there will be a vote on the final text in the Parliament at the beginning of May, the final opportunity before it rises for European elections in June.

If this happen, it is not expected that the text will become law until the final quarter of 2009 or the first quarter of 2010, although these are best estimates as the text needs to be translated and checked by the legal experts.

Should the Parliament assert its view on the opt-out, it is likely that nothing will alter until 2013, at the earliest.