Battle ahead over working time rules

Date: 26/06/1997

By Simon Coss

THE European Commission has all but conceded the impossibility of drawing up a single set of rules to govern the number of hours worked by employees excluded from existing EU legislation.

Social Affairs Commissioner Pádraig Flynn is set to unveil a much-delayed White Paper outlining the Commission's plans to extend the scope of the Working Time Directive next week.

The Directorate-General for social affairs (DGV) had hoped to draft one set of general rules to cover all of the excluded sectors. But faced with the widely differing working conditions of the employees concerned it now seems prepared to look at the issue on a case-by-case basis.

“The global approach will not preclude a sectoral approach,” admitted a Flynn aide.

The White Paper is intended as a first step in updating the 1993 directive which laid down minimum rules on how long employees should have to work, including the famous maximum 48-hour week. But some key sectors were excluded amid disagreement over whether such measures were appropriate to them.

Member states' initial reactions to the forthcoming White Paper are unlikely to encourage the Commission that further progress can be made this time around, with Denmark and Greece among those voicing misgivings. “Greece has asked for derogations from previous directives and it is not inconceivable we would ask for one here,” said an Athens diplomat.

Copenhagen is also worried that any rules would have a damaging effect on shipping lines operating in international waters. “Many of our companies sail between the US and the Gulf or in waters around south-east Asia. We are worried about their competitiveness if they are obliged to stick to working time rules when flying a Danish flag,” said one expert.

The road transport sector has also expressed concern at the prospect of extra rules, arguing that an existing 1985 directive governing driving times is adequate. Some also point to a possible distortion in the market which could result from legal differences between self-employed drivers and those working for larger firms. “There will be problems with competition if employers cannot make their drivers work the same number of hours as owner- drivers,” explained Wim Smolders of the International Road Transport Union.

Critics argue that EU member states' records on enforcing existing rules on truck drivers differ enormously and say any new regulations are likely to be policed in a similarly patchy way, giving hauliers in more lax member states a competitive advantage.

The Commission is keen to stress that the White Paper will not be the end of the story. Officials say Flynn is unlikely to bring forward a full legislative proposal to revise the directive before next year.