CBI - employment - Working Time Directive

The Working Time Directive ensures that workers cannot be forced to work more than 48-hours per week on average – although working time can be averaged over 17 weeks or 52 weeks through a collective or workforce agreement. However, workers can agree to work longer than 48-hours by signing an individual opt-out which was implemented in the UK in October 1998. The UK is the only member state to make wide use of the individual opt-out - in other EU member states companies that use the opt-out are primarily concentrated within the health sector. The Directive's limitations on working hours may also not apply if a worker can determine how long he/she works - this is known as the unmeasured working time exemption. Other key provisions include a 24 hour rest break each week, an 11 hour rest period each 24 hours, an eight hour limit on night-work and four weeks paid annual leave per annum.

The CBI accepts the Working Time regulations and supports the principle of minimum standards to prevent exploitation of workers. The Government has taken advantage of many of the possibilities for flexible implementation, especially the individual opt-out and the partly unmeasured working time derogations. The CBI is fully committed to ensuring the UK retains these flexibilities. The CBI has secured amendments to the Directive reducing the record-keeping burden on employers. The CBI believes that working time is about individual choice. While individuals should have the choice of saying no to working more than 48-hours, they should also have the choice of working longer should they wish to access overtime to supplement incomes. There is strong pressure on the UK to agree to a phasing out of the opt-out. The CBI has worked with Government to resist these efforts - most recently at a special Employment Council on 7 November, when a French-led campaign to end the opt-out was thwarted.

Working Time Directive

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