Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law. It gives EU workers the right to: at least 28 days (four weeks) in paid holidays each year, rest breaks of 20 minutes in a 6 hour period, daily rest of at least 11 hours in any 24 hours; restricts excessive night work; at least 24 hours rest in a 7 day period; a right to work no more than 48 hours per week, unless the member state enables individual opt-outs.
It was issued as an update on earlier versions from 22 June 2000 and 23 November 1993. Since excessive working time is cited as a major cause of stress, depression, and illness, the purpose of the directive is to protect people's health and safety. A landmark study conducted by the World Health Organization and the International Labour Organization found that exposure to long working hours is common globally at 8.9%, and according to these United Nations estimates the occupational risk factor with the largest attributable burden of disease, i.e. an estimated 745,000 fatalities from ischemic heart disease and stroke events alone in 2016. This evidence has given renewed impetus for maximum limits on working time to protect human life and health.
Background
Like all European Union directives, this is an instrument which requires member states to enact its provisions in national legislation. The directive applies to all member states. It is possible to opt out of the 48-hour working week, but not the other requirements.
After the 1993 Council Negotiations, when the 1993 version of the Directive was agreed to after an 11–1 vote, UK Employment Secretary David Hunt said, "It is a flagrant abuse of Community rules. It has been brought forward as such simply to allow majority voting – a ploy to smuggle through part of the Social Chapter by the back door. The UK strongly opposes any attempt to tell people that they can no longer work the hours they want."
Contents
Aims and definitions
Part 1 – purpose as health and safety
Part 2 – definitions; night time is between midnight and 5 am and not less than seven hours Part 14 – more specific EU provisions take precedence Part 15 – minimum standards directive Part 16 – maximum reference period is fourteen days for article 5; four months for article 6; and determined by collective agreement for article 8; Part 23 – the directive cannot be a reason to reduce protection Part 24 – reporting to the EU Commission on the implementation of the WTD Parts 25–26 – review of derogations for fishing boats and passenger carriers
Breaks
Article 3 – there must be a daily rest of eleven consecutive hours per 24-hour period. Article 4 – a rest period for every six hours, set by legislation or collective agreement. Article 5 – weekly rest of 24 hours uninterrupted, on top of the daily rest in article 3, but derogation is justifiable for technical, organizational, or work reasons.
Working week
Article 6
member states must ensure weekly working time is limited by law, or collective agreement average working time should not exceed 48 hours for each 7-day period. Article 17 – derogations allowed under arts 3–6, 8 and 16 for (1) "managing executives or other persons with autonomous decision making powers", family workers and religious leaders (2) ... (5) doctors' provisions. Article 18 – derogations by collective agreement. Article 19 – limit to derogation for the reference period. Article 20 – mobile and offshore workers. Article 21 – workers on fishing vessels. Article 22 – "miscellaneous" individual opt out for article 6 where: the worker agrees no detriment for not agreeing records kept up to date authorities kept informed information given three-week transitional provision inform EU Commission.
Paid holidays
Article 7 – annual leave of at least four weeks (i.e., 20 days on a full-time basis). The term "week" is defined by article 5, which refers to "weekly" as meaning a "seven-day period". If an employee's job is terminated, he or she is entitled to payment in lieu of holidays that were not taken.