The European Commission has agreed to a joint proposal from the social partners to extend the negotiating period on reviewing the European Working Time Directive (EWTD) to December 31 2012 as negotiations are making progress.
Following unsuccessful deliberations in 2009, when the Commission’s last proposal failed to be adopted after two readings in the Parliament and a conciliation procedure, the European Commission again consulted social partners in 2010 about possible changes to the EWTD (2003/88/EC). Under Article 154 TFEU (Treaty on the Functioning of the EU), the Commission must consult with employer and worker representatives at EU level before proposing any changes to EU social legislation, including labour law. The EU social partners also have the right to enter negotiations themselves on what changes should be made.
The review of the EWTD is aimed at updating EU working time rules to take account of the profound changes in the world of work and to better meet the needs of employers and workers in the 21st century. Following the Commission’s consultations with them, the main cross-sectoral social partners at EU level representing employers and workers informed the Commission last autumn that they had decided to launch negotiations on reviewing the EWTD. Some key EU social partners are Business Europe, the European Centre of Employers and Enterprises providing Public services (CEEP), The European Association of Craft, Small and Medium-sized Enterprises (UEAPME) and the European Trade Union Confederation (ETUC).
There appears to be little desire for a completely reworked Directive in favour of a reworking around prominent European Court of Justice cases (e.g. SiMAP, Jaeger) dealing with the definition of working time and the timing of compensatory rest.
Formal negotiations between the cross-sectoral social partners and the Commission began in November 2011. In August 2012 it was decided to extend this period to the end of the year, since further debate is now required. Relevant stakeholders in the health sector include the European Public Service Union (EPSU) and the European Hospital and Healthcare Employers Association (HOSPEEM).
In some countries and health sectors the EWTD has been found to be impracticable since the constraints imposed could undermine the delivery of round-the-clock quality healthcare provision and result in insufficient training times for junior doctors. This could spell a potential threat to patient safety and a decline of training standards. Elsewhere, concerns have been raised that the Working Time Directive’s provisions are unclear and open to abuse by ruthless employers.
That being said, it is an equally important public health concern that health professionals’ working times are not excessive and allow for a good life-work balance to enhance quality of life for all health workers and their patients.
EPHA will continue to monitor the developments and release a Briefing on the EWTD in September 2012 .
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For further information
– European Commission, DG EMPL – Working Time Directive
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