The Directive provides that workers in all sectors, public or private, must not work longer than 48 hours a week, including overtime. The Directive also specifies requirements for rest periods, breaks and no less than four weeks' paid holiday per year. Its aim is to protect workers from the health and safety consequences of overworking.
In 1993, the UK negotiated an opt-out which allows Member States not to apply the limit to working hours under certain conditions: 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.
While the UK is the only country to have made extensive use of the opt-out, France, Germany, the Netherlands, Spain and Luxembourg are preparing or have passed legislation to make restricted use of the opt-out, in certain sectors
The opt-out, and in particular the UK's use of the opt-out, was one of the main concerns raised in a recent Commission report into the operation of the Directive. Figures quoted by the Commission show that around 16% of the UK workforce works over 48 hours per week – up 1% from the early 1990s
The Commission launched a consultation into possible revisions of the Directive last month, but on 11th February the European Parliament approved a report calling for the phasing out of the opt-out, by 370 votes to 116, with 21 abstentions.
The report also seeks to strengthen the voluntary nature of the opt out, amid fears that practices such as having opt-out papers signed at the same time as the initial employment contract, put pressure on employees to comply. The Parliament also asked the Commission to clarify how time spent "on call" is classified under the Directive.
But a proposal for the UK to be hauled before the European Court of Justice for failing to tackle alleged abuse of the directive was rejected – by 311 votes to 89, with 118 abstentions.