Urgent question to ETUC affiliates to evaluate infringements regarding the working time Directive

FOLLOW UP WORKING TIME DIRECTVE

January 2007

Deadline for response 16 February 2007

Dear colleagues,

The ETUC has asked the ETUI-REHS to help us investigate urgently the current situation in Member States with regard to the implementation of the Working Time Directive, with a view to develop a proper response to the announcement of the European Commission to start infringement procedures.

The aim of this questionnaire is

-# to evaluate if the information on the various infringements by Member States, that could be the basis of infringement procedures as announced by the European Commission, is correct;
-# to evaluate which of these infringements are - from the point of view of the protection of the health and safety of workers and from a trade union perspective - serious infringements that should be addressed without delay by way of infringement procedures, and which ones in your view can be addressed in a later stage and/or in a different manner;
-# to evaluate if the situations, that in the current situation are formally infringements of the existing Directive as interpreted by the ECJ (including the SIMAP and Jaeger judgements) would still be infringements, if the proposals of the European Parliament as adopted in the Cercas report would have been implemented already in your national legislation?

In the document attached (EN and FR) you will find:

-# the questionnaire
-# Annex 1: information on the points the Commission considers to take up for infringement procedures;
-# Annex 2: summary of the amendments adopted by the European Parliament on opt-out, reference period and on-call time.

Please send your response before 16 February 2007 to
[email protected] and [email protected]