Ahead of an expected Commission propsal next Wednesday, to adjust the EU working time directive, the Brussels executive has run into criticism.

A leading doctors’ group has attacked the Commision’s proposal saying it could prevent ‘on-call’ doctors from having an adequate rest between shifts.

The British Medical Association (BMA), representing doctors in the UK and one of the EU’s most influential medical groups, says it is ready to lobby against the change, according to the European Voice.

Ruling from the Court of Justice
Much of the trouble with the adjustment of the working time directive links to a landmark ruling by the European Court last year (9 September 2003).

The court upheld a claim from German doctor, Norbert Jaeger that time spent on call at the workplace constitutes working time.

Several member states have had severe problems with the directive after the ruling by the European Court of Justice.

This means that doctors and firemen enjoying resting hours quickly reach the 48-hour maximum – causing huge extra expenses particularly for public sector employers.

The Commissions latest plans would in fact turn back the clock and let time spent resting at home or on-site be treated in the same way.

“Now there will be a distinction that many people say the court should have made. It says if you are not actively working you are not working – even if you are on the premises”, an aide to Stavros Dimas, employment and social affairs commissioner told the Brussels weekly.

UK opt-out to be limited
The leaked European Commission proposal has also provoked sharp criticism from both business leaders and unions in the UK.

As of 1993, the Working Time Directive prevents workers in the EU from working more than 48 hours per week unless an opt-out is agreed by the employee, allowing him or her to work longer hours. This is known under the term ‘individual opt-out’.

In Britain, where the opt-out can be generally applied, more than 16 percent of employees work longer than the EU maximum, research by the Commission has shown.

The new proposals will impose severe limitations on this opt-out. Unions must be consulted before any opt-out can be agreed, if employers at the company concerned already negotiate with a union.

Furthermore, the Commission document states that no worker can work more than 65 hours per week and that any opt-out must be renewed after one month.

Employers are concerned that the limits on working time will harm the flexibility of the UK labour market.