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PAGE EUROPEAN REVIEW
ISSUE 1 - Page 13
The Government should have legislated by November 1996 on the maximum working hours for UK workers. The ETUC wants a revision to take the maximum number of working hours down to 44.
The European Commission has launched a second stage of consultations with the social partners on the possible content of of EU legislation on this. The trade unions have called for binding rules to be introduced while employers want member states to preserve their own systems, where they exist. The Commission wants to establish mechanisms for informing and consulting employees on companies' strategic/economic decisions, and the introduction of sanctions to be applied in case of violation of workers rights. Either the Commission will draft a legislative proposal or the social partners can negotiate an agreement themselves (as they did over part-time workers).
Implementation date is 24.9.99.
TUPE (Transfer of Undertakings Directive 1977)
A Council working group is considering an amendment that would strengthen protection.
The regulations introduced by the UK government did not meet the terms of the directive, say the Commission. They objected, amongst other things, to the threshold of 20 redundancies before consultation rights apply, and the question of effective sanctions where an employer fails to inform or consult employee representatives.
Discussions are continuing on proposals relating directives on chemical agents, explosive atmospheres, biocidal products and the use of genetically modified organisms. The EU may also consider a total ban on asbestos.
Following the Amsterdam Treaty, the European Council has new powers to take action to combat discrimination based on sex, race, ethnic origin, religion, belief, disability, age and sexual orientation. See page 8 of this issue.
The UK was exempted from this but now two instruments which have the effect of extending the directive and the parental leave agreement to the UK were adopted this January. That means they will be law here soon. There will be more on Works Councils in future issues of the European Review.
This too must be incorporated into UK law.
To be implemented Europe-wide in January 2001.
Adopted in December '97, member states have to introduce legislation by January 2000. The ETUC now has its sights on agreements relating to short term contracts and temporary work.
Draft directive published January '98.
The ETUC has called for the Working Time Directive to be revised. They want to see the legal maximum week cut from 48 hours to 44 hours.
The unions believe that reducing working time should be a main policy of any joint European employment policy.
The WTD was implemented in November 1996 in Europe. The UK challenged the validity of the directive but the Court of European Justice rejected the Conservative government's case. The new government has to work fast to bring in legislation on this issue if it is not to be taken to court by the Commission.
Meanwhile, a study by the British Psychological Society, published in November, gives a qualified yes to the submission that long working hours are a cause of ill health amongst workers.
They found that many factors influenced the link between physical and mental ill health and the number of hours people work, but after looking at 33 individual studies into the subject and subjecting them to statistical analysis, they found that choice plays a significant role.
"Individual control over hours of work has been found to influence perceived stress levels and tolerance of a work schedule", the study found. The inability to say no to overtime as well as inflexible working patterns were undeniably linked to ill health.
The UK has the highest number of working hours in Europe, with an average of 44.7 per week.
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