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The Working Time Directive: where do we go from here?
Date: 01 September 2002
The Working Time Directive
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The Working Time Directive becomes law in the UK from 1st October 1998, when the Working Time Regulations are enacted. We strongly welcome this long-awaited piece of legislation which gives important new rights to Usdaw members and all UK workers.
The best known part of the Regulations is the limiting of the average working week to 48 hours maximum. But the Regulations contain other important rights, including: paid holiday; limits on nightworking; daily rest periods; weekly rest periods; and breaks from work.
Union role vital
The Regulations have been designed to operate in practice through negotiations between employers and unions. In many important aspects, for many workers, flexibility in the Regulations is only allowed where a collective agreement has been made between an employer and a union. Implementation of the Regulations is, therefore, to a considerable extent in the union's hands. Even though individual opt outs are allowed, negotiations with the union over the 48 hour limit are still vital, as we explain later.
Don't panic!
Although the Regulations are effective from 1st October 1998, there's ample time to deal with the issues. The government have made it clear that, in the early stages, the Regulations will be enforced with a light touch, so that unions and employers have time to agree sensible implementation strategies. Employers are not going to be hauled into court on 2nd October 1998 because the letter of the Regulations isn't being followed. The best approach is to begin realistically timetabled discussions at the earliest opportunity.
The overtime problem
As welcome as this legislation is, it is not without its problems. In particular, some Usdaw members rely on large amounts of overtime working to boost low basic rates and maintain a decent standard of living. Those members will be very fearful of the potential loss of earnings involved in limiting the working week to 48 hours.
Opt out no solution
Neither employers nor the union can afford to think that the much publicised individual opt out of the 48 hour limit is any kind of solution. As we explain later, this is only likely to be an option until 2003. So the problem of excessive hours working will have to be faced soon.
Take the initiative
It is important that the union takes the initiative because the Regulations are only a starting point. Delivering the benefits of the Working Time Directive to Usdaw members will depend on officials and activists putting in the hard work to make sure the Regulations operate effectively. What's more the Regulations are only a minimum and this is an opportunity to open up discussions with employers to seek improvements for members on all issues relating to working time.
The Working Time Directive: where do we go from here? was correct at date of publication September 2002.
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