The Commission issued a 2nd stage consultation on 19 May 2004. This was for consultation with EU Social Partners (not Member States) who normally have six weeks to respond with comments and a decision whether to negotiate on the options within the document or not.

On 22 September 2004, the Commission produced legislative proposals.  The proposals and press release from the Commission can be found here.

The proposals include solutions to resolve the issues relating to doctors’ on call time, raised by the SiMAP/Jaeger ECJ rulings. The proposals also extend the weekly working time reference period to 12 months. However, they also impose limits on the individual opt-out – restricting its use to cases where there is no collective agreement in force and no workers’ representation empowered to conclude a collective agreement. There are also additional requirements for record-keeping.  

The proposals must be agreed by the European Council and the European Parliament in co-decision. The UK Government is currently lobbying in Europe in order to obtain the best deal for the UK.   

Current position on the opt-out in the UK 

As the opt out is going through a negotiating process in Europe, the UK law remains unchanged on this point and workers are still able to opt-out of the weekly working time limits.  The UK will be given time to implement any changes to legislation and any future developments on this and other Working Time topics will be posted on this website in due course.

Member States discussed a revised proposal (click here) from the European Commission at the Employment Council on 2 June.  However there was no agreement on the proposals at this point. 

Previous topics

The Government has carried out a 12-week consultation (212Kb) [MS Word version 208Kb, Welsh version (218Kb)] on long hours working and the operation of the individual opt out in the UK.  The consultation closed on the 22 September 2004 and the results can be found here (MS Word 95Kb). We are using the information from both employers and workers to inform the Government’s negotiations in Europe.  

The Regulations were amended, with effect from 1 August 2003, to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations applied to junior doctors from 1 August 2004.

Mobile workers in road transport have more limited protections. Those subject to European Drivers' hours rules 3820/85 are entitled to 4 weeks paid annual leave and health assessments if a night worker from 1 August 2003. Mobile workers not covered by European drivers' hours rules will be entitled to an average 48 hours per week, 4 weeks paid holiday, health assessments if a night worker and adequate rest.

The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. Because of these amendments to the regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night. 

The basic rights and protections that the Regulations provide are:

• a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
• a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
• a right for night workers to receive free health assessments.
• a right to 11 hours rest a day.
• a right to a day off each week.
• a right to an in-work rest break if the working day is longer than 6 hours.
• a right to 4 weeks paid leave per year.

Guidance [also available in Welsh (85Kb)] on the Working Time Regulations is available from this website. 

Enforcement

Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by the Health and Safety Executive, local authority environmental health departments, the Civil Aviation Authority (CAA) and the Vehicle and Operator Services Agency (VOSA). The entitlements to rest and leave are enforced through employment tribunals.  The Employment Tribunals Service can also help you with information about making a claim or about Tribunal procedures. 

However, if you require further information about the application of the Regulations you should contact ACAS