Europe clinches breakthrough deal on work bills
Two important EU court verdicts prompted the revision of the working time rules (Photo: European Commission)
LUCIA KUBOSOVA
10.06.2008 @ 09:18 CET
EUOBSERVER / BRUSSELS - After four years of failed talks and compromise proposals, Europe's 27 member states have made a breakthrough deal on two controversial bills - one setting health and safety limits on working time, and another determining pay and social rights for agency workers.
EU social and employment ministers agreed on a compromise produced by the bloc's Slovenian presidency in the early hours of Tuesday morning (10 June). The compromise package was based on work of the six EU countries previously dealing with the reforms.
"We have overcome a period of stagnation in the area of the labour market. And we can give a new impetus to social Europe," commented EU social affairs commissioner Vladimir Spidla after several hours of tough talks.
Concerning temporary or "temp" workers - estimated at around 8 million people in the EU - the ministerial meeting agreed to give them the same pay and social rights as permanent employees from the first day they start work.
But the adopted text also makes it possible for member states to agree exemptions, such as a 12-week period that the UK government had set with trade unions, after which the conditions for temp workers must become the same as for permanent staff.
The UK's agreement was seen as one of the key factors that led to deal on Monday, with Slovenian minister Marjeta Cotman saying "We had a necessary political will...unlike the preceding Portuguese presidency with very similar proposals."
Working time compromise
Six countries remained opposed to the final package until the very end of negotiations due to details on the working time bill. In the end, the Slovenian moderator was forced to initiate a vote rather than the more usual consensus-type decision.
The dispute involved the very same issue which previously blocked progress on the dossier - whether the EU should allow exemptions from its average working limit of 48 hours per week over four months, as applied by the UK and some states in central and eastern Europe.
Under the agreed proposal, employees across Europe will be allowed to work more than the health and safety threshold, depending on agreements with "social partners" such as trade unions.
In some sectors, the working limit could be 60 to 65 hours, but if agreed as part of collective agreements, it could be even higher. Belgium, Portugal, Spain, Cyprus, Hungary and Greece demanded stricter safeguards.
"The proposal provides the necessary guarantees and protection for workers, while at the same time provides flexibility in organising the working time," commented Slovenia's Ms Cotman.
MEPs could vote against
But the decision is likely to spark protests by European trade unions who had pressed for an end of the controversial opt-out - the same view as expressed by the European Parliament.
In their vote in May 2005, MEPs overwhelmingly agreed to phase-out the exemptions by 2012. They also agreed that the time workers spend "on call" while not working should be regarded as proper "working time" in terms of rest period calculation.
They followed the same line taken by the EU's top court in two verdicts in the area – seen as potentially causing huge financial constraints in sectors such as health care.
But EU social affairs ministers confirmed on Tuesday that it would be possible for member states to distinguish between "active" and "inactive" time on duty, with commissioner Spidla pointing out that if a worker is not working while on call, there are no implications for their health and safety.
The commissioner said he hoped MEPs would carefully study the agreed package and consider how hard it was to clinch, adding "Any compromise can be seen from different angles, but in any case, this compromise is a progress."
MEPs are set to deal with the issue later this year.
