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EUROPEAN REVIEW

ISSUE 31 - Page 2

Working time directive: can it be rescued from the 'long grass' ?

SINCE WE REFERRED, IN ISSUE 28, to the amendment of the Working Time directive as a struggle that 'goes on and on' there have been further prolonged discussions, votes and proposals on the issue. The original proposals from the EU Commission were comprehensively revised by the European Parliament in a way that was good news for the UK's overworked employees. Mindful of the fact that the examination of how the directive works in practice had uncovered abuse of the opt-out from the 48-hour weekly limit, largely occurring in the United Kingdom, the parliament voted to end it 3 years after the new directive is applied.

However joy from the trade union movement: 'Courageous and encouraging' (John Monks), 'victory for common sense' (Brendan Barber) was short lived. The parliament's proposal also had to be approved by the Council of Ministers and, to that end, the Commission came up with a compromise, which did not go as far, to submit to them. This did not satisfy the British government who made known their intention to kick the proposal 'into the long grass' at the meeting of Employment ministers. Determined to keep the opt-out forever the UK co-ordinated a 'blocking minority' with other countries who had some reservations about other parts of the plan and prevented it going to a vote. Trade and Industry Secretary Alan Johnson commented 'The Commission's proposal to us just meant "bye-bye opt-out" and is unacceptable. Fortunately, it was also unacceptable to a blocking minority - the Italians, the Germans and the new member states'.

It is not clear what happens now but civil servants will have to work on the Commission's proposal to arrive at something that ministers can agree on. If this is then rejected by the parliament a conciliation process will be held.

Meanwhile evidence continues to mount of the abuse of the current directive. At the conference of the mariners' union NUMAST the Chief Maritime Inspector, Stephen Meyer reported on a calamitous long hours culture which is maintained aboard British vessels. The 'worrying number' of near misses and collisions showed all the signs of 'classic symptoms of fatigue' leading to poor judgement by officers on watch, according to Mr. Meyer. In an investigation of 1,600 accidents the lack of staff on short sea journeys was the main concern, 'It is an		anachronism in the twenty-first century, that seafarers are falsifying their timesheets to prove that they are working only a 98-hour week' he continued. For NUMAST Andrew Linington commented 'Although we have had working time limits for the past four years, the situation has actually got
	Trade and Industry Secretary Alan Johnson

worse, but essentially there is no decent enforcement of the rules...Sooner or later, there'll be a really big accident involving a ship carrying passengers or nuclear waste or some other dangerous cargo'. In another sector of the economy shopworkers' union USDAW have carried out a survey which showed that a third of respondents have been breaching the 48 hour limit even though 95% of those wanted to reduce their working time. More than half of them had been told that it was a condition of their employment to sign the opt-out. General Secretary John Hannett was in no doubt 'I think it is crystal clear that the opt out has been a failure for our members who are suffering serious health problems and for employers who are seeing productivity slump as their workers get more and more tired'.

The means to help these workers will be delayed by the blocking tactics but in the end the UK government may well find that they 'have made the mistake of going to the last ditch on behalf of the CBI' and that other Member States 'will not be satisfied with this delay' according to TUC General Secretary Brendan Barber.

FOLLOWING THE BOYCOTT OF a Latvian construction firm by a Swedish building union (see our last issue) over foreign labour being employed at lower than average pay rates, the consequences have been severe. The 101 day blockade of the site of a new school near Stockholm resulted in the Latvian workers being sent home at the turn of the year after the Labour court in Sweden turned down an application from the company, Laval & Partneri, to suspend the industrial action. The Latvian firm followed up by sueing the trade union on the basis that EU legislation aimed at ensuring a free, single market prohibits the boycott as well as action which is discriminatory on grounds of nationality. However the union, Svenska Byggarbetareförbundet, argued that 'conflict actions' including sympathy boycotts by electricians were allowed in Swedish law which takes precedence in these areas and that their aim was to stop pay discrimination against the Latvians.. Faced with these opposing contentions the national court has referred the case to the European Court of Justice.

ONE OF THE MOST IMPORTANT companies in the Czech Republic, Škoda, recently recorded the first strike in its 100 year history. The dispute was primarily about wages with unions seeking increases after the company posted record profits in 2004. After 13 rounds of negotiation the employers were offering 3% with the union, arguing that Skoda was at the bottom of the pay league table in parent company Volkswagen, demanding 10%. The company trade union council decided on a a 3 hour warning strike to be held in two blocks but between the afternoon and the evening stoppage the employer agreed to make a better offer. 17,000 people, about 80% of the work force, withdrew their labour and 230 cars were not produced at a cost of 75 million Czech Crowns. The final deal brought a 7% rise in basic wages plus enhanced pension contributions, a bonus and 'personal assessments'.

WITH DEBATE STILL RAGING OVER EU attempts to regulate temporary work agencies, it seems the large, practically uncontrolled sector in the UK stands in stark contrast to its equivalent in Germany. Agreements were recently secured between trade unions and agencies representing about 50% of the industry. They stipulate minimum rates of pay as well as nine different pay grades according to the qualifications needed to do the job. Within each grade employees can progress from the basic to two higher levels as they gain experience and improve performance. The deals also set pay rises for those on the lowest level at 2.2% for small and medium-sized agencies and 2.5% for the major companies. While the agencies complain that unions outside the German confederation, DGB, settle for less with rogue companies they are still willing to negotiate in a way unheard of in Britain.

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