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friday, 13 Juni 2008, 12h58

Yes, a `social Europe' does exist, but it is being reversed!

12-06-2008

Member of the Bureau,

Workers' Party of Belgium

The Council of Ministers for Employment has just approved at a qualified majority a new proposal for a directive on the organization of working time. Subject to the approval by the European Parliament, such directive should replace the 1993 directive. Its aim should be a narrowing of the margins as far as the maximum working time is concerned, a limitation of overtime and an expansion of the right to rest, breaks and family life. However, it is the contrary that is taking place. Fifteen years after the first directive on the organization of working time, the European ministers have succeeded in concocting a directive which is backing away from the first one.

In 1993, the maximum limit for weekly working hours had been set at 48 hours, with a possibility to « opt out » in case of individual agreement with the employee. In such case, the weekly limit was 65 hours. Such provision was seen as a concession made to the United Kingdom where 4 million people work more than 48 hours a week. It had been foreseen, however, that the "opt-out" clause was to disappear.

In the new proposal, the overall limit of 48 hours is reaffirmed, but the maximum reference period is extended from 4 months to 12 months.

Opt-out has been kept and even reinforced. The individual derogation allows to push the limit to up to 60 hours (as compared to 65 previously), but this last limit may be exceeded by means of a collective agreement.

Another step back consists in the fact that the on-call time (inactive periods on the workplace) are no longer taken into account as working time unless stipulated otherwise by a collective agreement.

Most of the European countries have much tougher national legislations. Instead of aligning itself with these countries, the European Union introduces standards which soften the regulation of working time. Instead of progressing, the European Union re-aligns itself with the 19^th century, period in which the 8-hour working day (48 hours a week) still was one of the main stakes of the labour class. The directive aims at rendering commonplace the possibility to cross this barrier, whether through an individual or a collective derogation.

This new directive on the organization of working time clearly demonstrates the antisocial character of the Lisbon strategy.

It further shows to what extent the Charter of the fundamental rights annexed to the Treaty of Lisbon is devoid of contents. For it solemnly declares in its article 31 "that each worker has a right to just and fair working conditions, and in particular the right to limitation of maximum working hours and to daily and weekly rest periods …".

And finally, it shows that the "flexicurity" boosted by the EU is misleading, for the first « social » directive taken since this orientation was approved reinforces both the flexibility and the insecurity of the workers.

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