The opt-out clause of the Working Hours Directive 1998.

The opt-out clause of the Working Hours Directive 1998.

The European Working Time Directive (EWTD) was adopted in 1993, and

came into force in the UK under the Working Time Regulations 1998 as a

safety measure, because of the recognised negative effects on health

and safety of excessively long working hours. It also provides for

statutory minimum rest-break entitlements, annual leave and working

arrangements for night workers.

The EWTD is also designed to help work life balance by limiting long

hours, which is both stressful and harmful to health. For example,

some research has shown that driving while tired provided similar

results to driving after having drunk alcohol.

The EWTD regulations place a legal requirement on employers, which

means that if it is not implemented, national governments will be

liable for payment of heavy financial penalties and potentially

sanctions from the European Union (EU).

There are no rights to work long hours, but there is legal protection

to protect workers’ rights to reasonable working environment and

conditions, and to family life.

The main features of the EWTD are; no more than 48 hours work per

week; 11 hours continuous rest in 24 hours; 24 hours continuous rest

in seven days (or 48 hours in 14 days); a 20 minute break in work

periods of over 6 hours; four weeks annual leave; and for night

workers, an average of no more than 8 hours work in 24 hours over the

reference period.

The EWTD was considered by the UK Government as an issue of working

conditions, not as a health and safety issue. As a result, in 1993,

the UK negotiated an opt-out clause, which allows Member States not to

apply the limit to working hours under certain conditions, such as:

prior agreement of the individual, no negative fall out from refusing

to opt-out, and records kept of working hours of those that have opted

out.

The European Commission announced on 23rd September 2004 its

controversial proposal to update the 1993 Working Time Directive. This

will most likely mean the UK will have to abandon its opt-out clause.

If this is the case, and working hours are restricted, there will be

many advantages and disadvantages for both employees and employers.

The advantages and disadvantages range from health and safety issues

to financial issues.

The advantages for employees are; firstly, no longer shall employees

be pressured into signing a contract with an opt-out clause stating if

required, they must work extra time. This will also stop a lot of

employers blackmailing potential and/or current employees, which can

be often the case. For example, an employer may say to a potential

employee, that if they do not sign the opt-out clause contract then