Working Time, COVID-19, Europe

The ETUC has called on trade unions across Europe to be alert to attempts by employers to take advantage of a recent European Court of Justice (ECJ) ruling on working time. In its ruling on the case, involving a casino worker in Portugal, the ECJ said that the rest day specified in the Working Time Directive does not necessarily need to follow after six days of work. The ETUC underlines the fact that the Court also stressed the need to keep health and safety objectives uppermost when determining what constitutes an adequate rest period. This means factors such as the nature of the work have to

In a significant new judgement (Matzak, C-519/15), the European Court of Justice (ECJ) has ruled that standby time away from the workplace may be counted as working time. In previous rulings the ECJ has said that on-call time at work should be counted as working time but normally if a worker is on standby away from the workplace this would not count as working time as they are not at the disposal of the employer. In the Matzak case involving a Belgian firefighter the Court found that the requirement to be at the workplace within eight minutes imposed a restriction on how the worker spent his

(June 2017) The ETF European federation for transport workers has reacted angrily to recommendatoins from the European Commission in its "Open and connected Europe" document on the so-called service continuity, including measures affecting the right to strike of air traffic control staff. The federation believes the measures infringe the EU Charter of Fundamental Rights and says it reserves the right to challenge them in the European Court of Justice. The ETF is also highly critical of the mobility package launched by the European Commission last month, arguing against dangerous proposals on

On 20 December the European Commission published is draft directive on transparent and predictable working conditions to replace the Written Statement Directive. The initial response from the ETUC is to welcome the requirement on employers to provide information to workers on day one and to extend this right to a range of atypical workers. There are also positive measures related to training, prohibition periods, protection of trade union reps and the rights of flexible workers. However, the ETUC wants to see additional measures to tackle the worst forms of precarious employment, particularly

A new guide from the European Trade Union Institute, produced with the support of EPSU, examines the question of working time reduction. It looks at recent trends, noting that the issue has dropped off the bargaining agenda for many unions. This guide runs through the different reasons for implementing such a reduction, and the ways in which it can be organised. It includes several case studies and many other examples, going back to some of the earliest initiatives that recognised the safety and productivity benefits of the shorter working day and week.

The latest biennial report from the Eurofound research agency finds that there have not been any significant developments in working time across Europe. The average working week remains at 38 hours. Public administration is one of the specific sectors analysed where weekly hours averaged 37.6 in both 2018 and 2017. The report noted some specific sector developments with particularly negative legislation passed in Hungary affecting public administration allowing for longer hours and more flexibility. More positive agreements were noted in Estonia (health) and Greece (local government and waste)

On 14 May the European Court of Justice (ECJ) issued an important ruling that effectively requires Member States to establish rules for employers to record their employees' working time. In a case about overtime brought against Deutsche Bank by the FS-CCOO services federation in Spain, the ECJ stated that workers' rights to protection as afforded by the Working Time Directive cannot be properly ensured unless there is an objective measure of their working hours. The Court said it is up to Member States how they ensure that employers comply with the ruling.

The Eurofound research agency has published a new report that looks at the rules on rest breaks at work across Europe. These cover both legislation and the kinds of rules included in collective agreements. The report finds considerable variety with different approaches to whether breaks are paid or unpaid and whether or not they are included in working time. The overview includes information on rules for specific categories of workers such as pregnant women, young workers and those employed in arduous occupations. While not a major area of legal dispute, the report highlights some recent court

(January 2017) The European Commission has announced that it will issue an Interpretative Communication on the Working Time Directive. This means that, at least for the time being, the Commission has no plans to launch a revision of the Directive. The Communication will bring together information on the major European Court of Justice rulings on the Directive and include other information that the Commission says will help clarify issues and aid implementation. The initial reaction of the ETUC delegation that was invited to a meeting at very short notice was that this could be a positive

(February 2017) The latest issue of the ETUI's collective bargaining newsletter covers a wide range of sector and general news on pay and conditions. This month there are several articles on minimum wage developments - Austria, Germany, Portugal and Slovenia - as well as the debate at European level. Nurses' pay features in articles from Ireland and the Czech Republic and working time - in terms of shorter hours and gender differences is covered in stories from Italy, the Netherlands and Sweden.

(March 2017) A joint report from the Eurofound agency and the International Labour Organisations examines the advantages and disadvantages of telework and puts forward some policy proposals on key issues. The report points to positive effects such as a shortening of commuting time, greater working time autonomy, better work–life balance, and higher productivity. However, it also notes the risks of longer working hours, interference between work and personal life, and work intensification, leading to high levels of stress.

(March 2017) A new report, produced jointly by the European Commission and the International Labour Organisation, shows that European countries with coordinated bargaining systems have managed to prevent the growth of inequalities on the labour market. At the same time the erosion of collective bargaining in other EU member states has led to more low-paid jobs or increasing inequality among the workforce. The report also looks at a range of other inequalities such as in working time, training etc.

(October 2016) The European Commission's 2017 includes plans to publish an interpretative communication and implementation report on the Working Time Directive. Proposals on the Directive have been expected for some time since the Commission carried out surveys and consultations in late 2014 and 2015. The Commission is proposing a non-legislative initiative that will provide legal clarity (see REFIT Scoreboard page 353). It talks of health and safety but also of "alleviating administrative burdens".

With the European Commission expected to publish its draft directive on fair minimum wages on 28 October, the ETUC has put together a range of documents and press releases that cover a wide range of arguments in favour of legislation on minimum wages and collective bargaining. The ETUC argues that initiatives to boost pay and strengthen collective bargaining are essential as part of the response to the pandemic and that it is crucial not to repeat the mistakes following the last crisis when collective bargaining was undermined in some countries as part of austerity measures.