The opt-out clause of the Working Hours Directive 1998. :: Business and Management Studies

The opt-out clause of the Working Hours Directive 1998. The European Working Time Directive (EWTD) was adopted in 1993, and came into force in the UK under the Working Time Regulations 1998 as a safety measure, because of the recognised negative effects on health and safety of excessively long working hours. It also provides for statutory minimum rest-break entitlements, annual leave and working arrangements for night workers. The EWTD is also designed to help work life balance by limiting long hours, which is both stressful and harmful to health. For example, some research has shown that driving while tired provided similar results to driving after having drunk alcohol. The EWTD regulations place a legal requirement on employers, which means that if it is not implemented, national governments will be liable for payment of heavy financial penalties and potentially sanctions from the European Union (EU). There are no rights to work long hours, but there is legal protection to protect workers’ rights to reasonable working environment and conditions, and to family life. The main features of the EWTD are; no more than 48 hours work per week; 11 hours continuous rest in 24 hours; 24 hours continuous rest in seven days (or 48 hours in 14 days); a 20 minute break in work periods of over 6 hours; four weeks annual leave; and for night workers, an average of no more than 8 hours work in 24 hours over the reference period. The EWTD was considered by the UK Government as an issue of working conditions, not as a health and safety issue. As a result, in 1993, the UK negotiated an opt-out clause, which allows Member States not to apply the limit to working hours under certain conditions, such as: prior agreement of the individual, no negative fall out from refusing to opt-out, and records kept of working hours of those that have opted out. The European Commission announced on 23rd September 2004 its controversial proposal to update the 1993 Working Time Directive. This will most likely mean the UK will have to abandon its opt-out clause. If this is the case, and working hours are restricted, there will be many advantages and disadvantages for both employees and employers. The advantages and disadvantages range from health and safety issues to financial issues. The advantages for employees are; firstly, no longer shall employees be pressured into signing a contract with an opt-out clause stating if required, they must work extra time. This will also stop a lot of employers blackmailing potential and/or current employees, which can be often the case. For example, an employer may say to a potential employee, that if they do not sign the opt-out clause contract then