Efforts to revise the EU Working Time Directive began in 2004 and have proved highly controversial, with strongly conflicting views on issues such as the individual opt-out from the maximum 48-hour week and the treatment of on-call time in the workplace.
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› Germany: Discrimination on genetic grounds

› Ireland: Lower national minimum wage rate for new employees

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EU developments

State of play:

Draft EU employment legislation state of play, February 2011
Our monthly update gives the current position on all significant items of employment-related draft EU legislation that are currently in the legislative pipeline, or due to be proposed in the near future.

In depth:

Commission sets out options for revision of Working Time Directive
The European Commission launched a new consultation on review of the Working Time Directive in December 2010, suggesting a range of amendments in areas such as on-call time, compensatory rest, greater flexibility, annual leave and work-life balance. However, the Commission proposes retaining the opt-out from the 48-hour maximum working week.

Report assesses EU-wide implementation of Working Time Directive
The European Commission published an assessment of the implementation of the Working Time Directive in December 2010. It found problems with national legislation in areas such as the 48-hour maximum working week and opt-outs from it, on-call time, rest periods, annual leave and workers with multiple employment contracts.

News:

ETUC disappointed with European Commission's working time proposals

European Commission recommends employment reforms

Commission challenges UK on pay discrimination

EU-level employer-union dialogue launched in public administration sector

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Editor's message
Editor
WORKING TIME DIRECTIVE
Efforts to revise the EU Working Time Directive began in 2004 and have proved highly controversial, with strongly conflicting views on issues such as the individual opt-out from the maximum 48-hour week and the treatment of on-call time in the workplace.

Following the acrimonious collapse in 2009 of an initial attempt to amend the Directive, the European Commission has launched the revision process again. In early 2011, it is consulting EU-level trade union and employers’ organisations on its latest set of proposals for change, which we examine in detail.

The Commission suggests either a focused review, looking just at on-call time and rest periods, or a comprehensive review also dealing with issues such as the opt-out, greater flexibility, work-life balance, multiple contracts and paid annual leave. The social partners now have the opportunity to negotiate an agreement on revision of the Directive. If (as it seems likely) they do not negotiate, the Commission will propose an amending Directive later this year.

Also this month, we launch a monthly state of play table detailing the latest position on all draft EU employment Directives and other proposals in the legislative pipeline.

email Mark Carley
International editor, XpertHR

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