Worker entitlements under the working time directive

Abstract

The above extract perfectly reflects the main idea behind the Working Time Directive. Every worker should be able to reach a balance between private life and working life. The working conditions, mostly working time, have always been an issue as from the Industrial Revolution. In fact, the Industrial Revolution made it possible for a larger segment of the population to work year-round, because labour was not tied to a particular season and artificial lighting made it possible for workers to work longer hours each day. Peasants and farm labourers moved from rural areas to factories and working time during the year increased significantly. Working time is one of the working conditions protected by the EU. In line with the Treaty, the EU defines minimum requirements at European level in the field of working conditions. The Treaty and the Commission encourage the European Social Partners to have a special role in the preparation of labour law initiatives at EU level. The Commission can also put forward legislative proposals to the Council and the Parliament. The protection of working time is tied with the protection afforded under the Charter of Fundamental Rights of the EU as it is the right of every worker to have fair and just working conditions. Besides, the link between the Working Time Directive and the Directive on Health and Safety is stumbled upon all through the provisions of the Directive. This link is the focal point of the entire Directive in that each provision in the Directive wants to ensure proper protection of the health and safety of workers at work. This is because it is quite obvious that when a worker works for long hours, his/her health and safety would be at risk. Fatigue raises the risks of injury at the place of work and this should be avoided. That is why the Working Time Directive lays down proper rest periods and maximum working hours which are to be followed by workers. It is true that the Directive lays down a number of derogations and opt-outs, but this does not mean that the Directive does not properly protect workers. The Directive is a minimum harmonisation Directive and that is why it allows for derogations and opt-outs. This does not mean that Member States can do what they want because Member States should still abide by the minimum standards established under the Directive. The Directive itself, in its preamble, declares that the derogations and opt-outs were included with the aim of allowing for flexibility in the application of certain provisions of the Directive whilst ensuring compliance with the provisions of health and safety at the place of work. The Directive continues by stating that derogations are to be subject to a case-by-case analysis by Member States which should always take account of the needs of the workers. The EU‟s Working Time Directive requires EU Member States to guarantee a limit to weekly working hours, which must not exceed forty-eight hours on average, including any overtime. Member States should also guarantee a minimum daily rest period of eleven consecutive hours in every twenty-four hours together with a rest break during working hours if the working day is longer than six hours. A minimum weekly rest period of twenty-four uninterrupted hours for each seven-day period, in addition to the eleven hours' daily rest is also to be guaranteed by Member States. Finally, Member States should also allow a period of at least four weeks per year to be taken by a worker as paid annual leave. Although the Directive emerged in 1993 and was subsequently amended in 2000, consultation is still ongoing on the possible re-amendment to the Directive. Working conditions changed in the 21st century especially with the introduction of more sectors of work and with the fact that the number of women deciding to continue working increased a lot lately. This entails the need to have better protection to help in maintaining the balance between family life and working life as this is another pivotal issue which needs protection under the Directive.