epsu executive committee working time directive 5 march 2004, ituh, brussels

EPSU Executive EPSU Executive CommitteeCommittee

Working Time Directive

5 March 2004, ITUH, Brussels

Executive Committee 5 March 2004, Brussels

•European Institution initiatives

•EPSU and ETUC response•Future options

Working Time DirectiveWorking Time Directive


• European Commission Communication

• European Parliament report• Council of Ministers• ECOSOC

EPSU Executive Committee 5 March 2004, Brussels



Commission Communication Commission Communication (COM(2003) 843)(COM(2003) 843)

Aim 1. to evaluate the application of article 17(4)

and 18(1)(b)(I). 2. to analyse the impact of SIMAP and

JAEGER cases and life work balance. 3. Consultation of EU Institutions and Social

Partners.

Working Time DirectiveWorking Time DirectiveCommission Communication Commission Communication

(COM(2003) 843)(COM(2003) 843)Requests opinions on:

1. Reference periods – 4 months/ 6 months/ annual

2. SIMAP/ JAEGER3. Application of article 18(1)(b)(I) OPT-OUT.4. Work/ life balance5. Possibility of Interrelated approach6. DEADLINE 31st MARCH 2004


Working Time DirectiveWorking Time DirectiveEuropean Parliament CERCAS report

(A5-0026/2004) (own initiative)1. Critical of Commission Communication – timing

and content.2. Health and safety of workers is the priority.3. Calls for immediate study on SIMAP and JAEGER4. CALLS FOR ABOLITION OF OPT-OUT 1 January 2007

– latest5. Identifies social partner role in proposing

“temporary measures”6. States that “anything is preferable” to opt-out


Working Time DirectiveWorking Time DirectiveCouncil of Ministers Working Party on Public Health report1. In the long term a horizontal approach is

required2. Specific relevance to Health care Systems3. ACTION: in recruitment/ new work

practices/ new tasks4. Definition of on-call working time

including compensatory rest



1. Focus on “very substantial costs” of SIMAP/ JAEGER on health care systems

2. Use of OPT-OUT in France, Germany, Netherlands, Spain, Luxembourg

3. Response to Communication 5 questions


Council of Ministers Irish Presidency (4 March – Employment Social Affairs Health Council

Economic and Social CommitteeEconomic and Social CommitteeDraft Report – Rapporteur Mr. Hahr

1. It is up to social partners to resolve working time issues.

2. Reference periods should be more than 4 months (12 months for managers).

3. Opt-Out should be removed or redrafted.4. Work-Life balance reference to European

Parliament.5. European Foundation should launch study

(including existing framework agreements).



ETUC response

1. Working group established in ETUC social and legislation committee.

2. 26 November / 21 January/ 10 February3. Query as to whether ESPU hospital

social dialogue was possible solution.4. Draft discussed in 23 February Social

and Legislation committee5. Tabled for adoption at 17-18 March

Executive.



ETUC response

1. delete individual opt-out2. any derogations to be based on

collective bargaining3. More precise definition of article 17 1(a)

– concerning managers.4. More effective implementation5. Balanced approach to on-call time6. More elaborate structure to ensure

work-life balance



EPSU response1. why health and social services committee (HSS)?2. Danish affiliates HSS proposal (2nd February HSS)3. Submissions:TEHY Finland UNISON United KingdomFSP – UGT Spain TU HSSC Czech RepublicSKTF Marburger bund Germanyon behalf Swedish Affiliates DNO LVSADA Latviaon behalf Danish AffiliatesRCN United Kingdom TU HSSC Slovak Republic



EPSU response

1. reference periods to remain 4 months or 6 months under collective agreement

2. SIMAP/ Jaeger must be respected3. delete opt-out4. work-life balance linked to opt-out.5. recommend sectoral social dialogue/

possible technical group EPSU/ETUC – CEEP




Future direction:

??• CEEP role drafting group 4 MarchCEEP role drafting group 4 March• Working time definition – ‘inactive time’Working time definition – ‘inactive time’• Sectoral or Intersectoral social Sectoral or Intersectoral social

dialogue?dialogue?


epsu executive committee working time directive 5 march 2004, ituh, brussels

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