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6 - The Working Time Directive: European standards taken hostage by domestic politics

Published online by Cambridge University Press:  22 September 2009

Gerda Falkner
Affiliation:
Institut für Höhere Studien, Wien
Oliver Treib
Affiliation:
Institut für Höhere Studien, Wien
Miriam Hartlapp
Affiliation:
Max-Planck-Institut für Gesellschaftsforschung, Cologne
Simone Leiber
Affiliation:
Wirtschafts- und Sozialwissenschaftliches Institut in der Hans-Böckler-Stiftung, Düsseldorf
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Summary

Aim and content of the Directive

The general aim of the Working Time Directive is to improve the health and safety of workers by laying down minimum standards for the organisation of working time (Article 2 of the Directive). The Directive is based on a wide interpretation of occupational health and safety which assumes that working long hours is harmful to workers’ health and thus has to be limited.

The Working Time Directive applies in principle to both public and private sectors. It includes twelve compulsory minimum standards.

  1. As a general rule, workers may not work longer than forty-eight hours per week, averaged out over a period of four months.

  2. Every worker has to be granted a consecutive daily rest period of eleven hours.

  3. Every worker has to be granted a consecutive weekly rest period of thirty-five hours, averaged out over a period of two weeks.

  4. Every worker has to be granted a break if the working day is longer than six hours.

  5. Moreover, employees are entitled to at least four weeks paid annual leave.

  6. The four weeks' paid annual leave may not be replaced by an allowance.

  7. Night workers may not work more than eight hours per day (averaged out over aperiod to be defined by national law or collective agreement), while night workers whose job involves ‘special hazards or heavy physical or mental strain’(Article 8) must work no more than an absolute limit of eight hours per day.

Type
Chapter
Information
Complying with Europe
EU Harmonisation and Soft Law in the Member States
, pp. 94 - 117
Publisher: Cambridge University Press
Print publication year: 2005

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