Agreement ensures working hours 'opt out'

Britain's "opt-out" from European working time rules has been in place for over a decade, but in recent years has faced challenges from trade union organisations, the European Commission and Euro MPs. Today's agreement means that UK workers can still work longer hours, provided they choose to do so.

The EU Social Affairs Council agreed that those choosing to opt-out from the 48 hour limit would be subject to a new 60 hour weekly limit, averaged over 3 months. Employers will have to keep records of the hours worked by those opting out. Opting out will not be allowed until people have worked for at least four weeks.

The agreement also restores flexibility for on-call workers by making it clear that so-called "inactive" working time - such as an ininterrupted night's sleep while on call - does not count towards the maximum working week.

In addition, Britain's 1.3 million agency workers will get the same pay and conditions as permanent staff after being employed for 12 weeks. A national agreement between the CBI and TUC last month on agency worker parity after 12 weeks in the UK effectively unblocked stalled EU negotiations.

Not over yet

Business Secretary John Hutton said the deal was a "landmark agreement" that would allow the UK's vital labour market flexibility to continue, while ensuring workers were treated fairly.

Liberal Democrat MEP Liz Lynne warned: "The Government must remember the agreement runs the danger of being ripped apart by Socialist MEPs who have for years been waiting for these controversial dossiers to return to the European Parliament."

However, retaining the opt-out was right, she said. "Anyone whose work does not have a direct consequence on life and death decisions should have a free choice as to what hours they work, so long as this is truly voluntary."

The TUC claimed 3.3 million employees were now working more than 48 hours a week in the UK, an increase of 180,000 in the first three months of this year alone. However, union leaders said that because of the agreement on agency work they were happy with today's deal overall.

John Cridland, deputy director-general of the CBI, commented: "After a long battle over many years, this agreement secures the individual opt-out from the 48-hour working time limit. Some countries wanted to deny British workers the right to choose their own working hours, but that attempt has failed and we have retained this key aspect of our flexible labour markets."