Working Time Directive Opt-out Must Be Kept

9.49.18am UTC (GMT +0000) Tue 19th Apr 2005

Ahead of a key vote on the Working Time Directive in Brussels on Wednesday, Liberal Democrat Employment spokesperson and Shadow Rapporteur for that Directive Liz Lynne MEP, has urged fellow members of the Employment & Social Affairs Committee to vote to keep the individual opt-out.

The Committee are voting on their response to the Commissions review of the Directive. Mr Cercas the Socialist Rapporteur on this report is seeking to remove the individual opt-out and it appears as if he might yet again gain the support of Labour MEPs despite opposition from the UK Government.

Liz Lynne MEP has tabled a series of amendments seeking to keep the individual opt-out

"The individual opt out of the Working Time Directive is necessary because we do not have a tradition of collective agreements in the UK.

"I also believe that 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 and how much overtime pay they can take home.

"Of course we have to have safeguards to make sure that the opt out is truly voluntary and that workers are not forced to sign it at the same time as their contract or as a condition of getting a job.

"That is why I have proposed stringent rules that the company must give the employee a clear statement of rights when they start working for them and there should be a cooling off period of 28 days where the employee can change their mind about opting out of the directive and that they have a right to opt-out of the opt-out at anytime after that as long as they give their employer reasonable notice.

"All workers are quite rightly, of course, still covered by directives concerning health and safety including the one covering working with dangerous machinery. Removing the opt-out would in my opinion lead to more people working illegally and therefore they would not be covered by health & safety legislation. We must clamp down on the black economy not encourage it."

Liz has also tabled amendments to make sure that on call time spent at the workplace should always be classed as working time.

"It is very important for doctors in particular that they are not so tired that their judgement is impaired when dealing with patients treatment.

"We have to get the balance right. If someone has another persons life in their hands they should not be permitted to work excessive hours, but for other workers and employers we must retain flexibility."

ENDS

Notes to Editors

The Debate in the employment committee on the Working Time Directive takes place on Tuesday 19th April at 15:00 ( Brussels Time 14:00 UK Time) The Votes will be on Wednesday 20th April at 16:00 (Brussels Time 15:00 UK Time).

Please find copies of Liz Lynne's Amendments attached.