10-03-2004: Curtailing abuse of the opt-out. CESI demands adjustments to the working time directive

On 10 March 2004, the Executive Board of the CESI adopted an Opinion on the current consultation process with regard to the re-examination of Working Time Directive 93/104/EC. In this Opinion, the CESI’s primary demand is that the abuse of the so-called opt-out (voluntary derogation from a maximum weekly working time) be curtailed. "The health of workers must not be secondary to economic interests", says Helmut Müllers, Secretary General of the CESI. "With regard to the opt-out, the independent trade unions are demanding additional safeguards, such as the consent of the works council and an annual review."
In this connection, the CESI also supports the judgments of the Court of Justice on hospital doctors on call and on standby. "We must now ensure that the Member States also transpose the Directive in the healthcare sector, so that uninterrupted working periods of up to 36 hours are prevented and doctors and patients are no longer put at risk", explains the CESI’s Secretary General. "Unfortunately, the European Commission has thus far failed to present a study on the personal and financial impact of this case law, which means that many practical issues remain unresolved."
To improve compatibility between work and family life, the CESI is in favour of promoting part-time working and other alternative working time models. As regards the reference periods for the calculation of the maximum weekly working time, the CESI believes that the current rules, whereby a maximum period of twelve months is used, are satisfactory, and therefore sees no need for reform. The opinion can be downloaded from the "Documents" section.