Working Time Directive

Directive 2003/88/EC on certain aspects of the organization of working time is a European Union directive which regulates the working hours within the European Economic Area.

The Working Time Directive is, like all European directives addressed to the Member States and must therefore be implemented by the Member States into national law.

Your preceded the directives 93/104/EEC and 2000/34/EC.

Content of the Directive

Chapter 1 (Articles 1 and 2 ) defines subject matter, scope and definitions.

Chapter 2 (Articles 3-7 ) regulates minimum daily and weekly rest periods, annual leave, rest breaks and maximum weekly working time:

• Article 6 stipulates that "the working week established by national laws, regulations and administrative provisions or by collective agreements or agreements between the social partners " and that " the average working time for each seven -day period, 48 hours, including overtime, shall not exceed ".
• Article 7 stipulates that workers receive at least four weeks' annual leave and that this may not be replaced by an allowance in lieu except on termination of employment.

Chapter 3 (Articles 8 to 13) regulates aspects of night work, shift work and patterns of work.

Chapter 4 ( Articles 14 to 16 ) contains provisions on specific or favorable rules and reference periods, Chapter 5 (Articles 17 to 22) regulates, among other exceptions, derogations and transitional provisions and Chapter 6 ( Articles 23 to 29) contains final provisions.

Special features in the application

According to the final report conducted by KPMG study on the development of attractive and competitive service and service compensation models for soldiers in June 2013, the German armed forces practiced in accordance with decision of the then German State Secretary Peter Wichert, a general exceptions of the EU Working Time Directive. The study emphasized, however, that one is after detailed analysis concludes that this EU Working Time Directive "on soldiers is fundamentally and directly applicable "; only the use, u.U. including the arrival and departure to the site, the directive is excluded from the scope. Special situations we military exercises or voyages could be solved by special regulations. The results of the KPMG study became public only under Federal Defence Minister Ursula von der Leyen.

Aspirations amending Directive

The European Court of Justice (ECJ ) issued several judgments on the interpretation of the Working Time Directive ( For details see eg European framework for emergency service ), which affected the national implementation of the Directive. Multiple amendments have since been introduced.

On 9 June 2008, the Council of Ministers of the 27 EU member states agreed on a change that should enter into force, unless the European Parliament agreed. According to the design excesses of an average weekly working time of 48 hours should be the exception, but should be possible in drawing up the national law or collective agreements, which require Member States to ensure effective protection for the safety and health of employees. According to the draft should also be made between active and inactive phases of Standby Time: article stated 2a of the draft: " The inactive part of on-call time is not considered as working time, unless national law, or (...) collective bargaining law regulate this differently ". Furthermore, should the individual opt -out, according to a working over 48 hours per week according to individual agreement is possible, be maintained. Thus, the respective relevant for the calculation of the average working time interval should be extended to twelve months. The agreement on the revision of the Working Time Directive was part of an overall package, which included a draft of a revised version of agency policy.

The European Parliament calls on 17 December 2008 with an absolute majority for the amendment of the draft Ministerial Council. It therefore had to come to a conciliation procedure between Parliament and Council. According to the will of Parliament should be 48 hours in the EU, the maximum weekly working time as an annual average. Exceptions to this rule should be phased out within three years. The total call time, including the inactive period, should be considered as working of the Deputies to view.

In April 2009, the negotiations in the Conciliation Committee ended without result; the reform of the Working Time Directive is now considered failed.

Have European policies only indirectly, through a transposition into national law, an effect on the legal situation in the Member States. German Trade Unions (DGB ) has argued that the new EU directive prepare the way for lower wages for workers with emergency services. The German Federal Ministry of Labour had declared that there was now " manageable need for change ," and the Federal Minister of Labour announced that even in the case of a change of policy not to change the high standards of the German Law on working time. Federal Health Minister Ulla Schmidt had declared immediately for German doctors and other workers to change nothing.