‘Differentiated approach’ to working hours

Date: 17/07/1997

By Simon Coss

THE European Commission this week unveiled its proposals to extend the EU's rules on working hours to cover sectors originally excluded from their scope.

In a White Paper, Social Affairs Commissioner Pádraig Flynn appears to have conceded that it would be impossible to draw up a single set of principles to govern the number of hours worked by all the employees excluded from existing working time rules, arguing instead for a 'differentiated approach'.

The White Paper calls on employers' organisations and workers' representatives to put forward their ideas for EU-level rules on the issue by the end of October. The Commission says it is prepared to examine any reasonable suggestions, but stresses that a sectoral approach would be its preferred option.

If Flynn's suggestions are adopted, the full provisions of the original 1993 Working Time Directive will be extended to all 'non-mobile' workers, including trainee doctors, airport ground staff and employees working in the offices of road haulage firms.

For mobile and offshore workers - including long-distance lorry drivers, oil rig staff, airline cabin crews and fishermen - Flynn is proposing that the 1993 rules guaranteeing four weeks' annual paid leave should apply.

Significantly, however, the Commissioner argues that the number of hours worked by employees in these sectors should be calculated annually rather than calling for a maximum 48-hour working week - as in the original directive.

In addition, the White Paper suggests introducing or modifying specific legislation for mobile and offshore workers.

The Commission had originally wanted to draft one single set of rules to cover the excluded sectors. The White Paper which emerged this week represents a victory for employers in the 'mobile and offshore' sectors - notably the road haulage, oil and shipping industries - who have been lobbying hard for the sort of differentiated approach Flynn is now proposing.