The vote is contrary to the proposal put forward by the European Commission in September, which would keep the individual opt-out while tightening up the conditions for its application.The Working Time Directive currently 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 Commission report into the operation of the Directive early in 2004. Figures quoted by the Commission at the time showed that around 16% of the UK workforce works over 48 hours per week – up 1% from the early 1990s.The report also raised concerns that not all of the opt-out conditions are being met. The Commission pointed out, for example, that workers are frequently asked to sign the opt-out agreement at the same time as signing their employment contract, which acts as a constraint to freedom of choice.Accordingly, in January 2004 the Commission began consulting on the best way forward to ensure that its aims – i.e. the protection of the health and safety of employees – are met. It set out its proposals in September, but they do not appear to have found favour with the European Parliament's Employment and Social Affairs Committee.Meeting on 19th and 20th April, the Committee, by 31 votes to 14, with one abstention, adopted a report by Spanish MEP Alejandro Cercas calling for the opt-out to be scrapped after three years. The Committee also approved a proposal for all hours "on-call", even the "inactive part", to count as working time in most cases.In further amendments to the Commission's text, MEPs decided that working hours should be organised in such a way as to give employees the opportunity for life-long learning.They also wanted to achieve the right balance between reconciling work and family life and the need for more flexible organisation of working time. In addition, MEPs wanted to make it clear that the Directive covers workers who have more than one employment contract.John Monks, chairman of the European Trade Union Confederation, described the move as "courageous and encouraging"."The UK government, in pursuing the preservation of the opt-out 'to preserve the flexibility of its labour market' mistakes flexibility for long hours, and overlooks good practice in many other EU Member States, where limitation and reduction of working hours has been combined with increased flexibility and higher productivity," he said. "We call on all political groups in the Parliament to improve and support the compromise package in the plenary in May."Deputy Director-General of the CBI, John Cridland, expressed his association's disappointment with the decision."Perceptions of abuse are misplaced and rather than phasing it [the opt-out] out the CBI had urged MEPs on the Committee to accept amendments designed to strengthen the protection for those who do not wish to work more than 48 hours," he said.
