European Working Time Directive (EWTD): Background
November 2007
First introduced in 1998, the EWTD is an EU initiative designed to prevent employers requiring their workforce to work excessively long hours, with implications for health and safety.
In addition to reducing the working week to an average of 48 hours, there are further regulations relating to break periods and holiday allowance, such as:
- 11 hours rest a day and a right to a day off each week
- A right to a rest break if the working day is longer than six hours
- Four weeks paid leave each year.
Although junior doctors are now covered by the directive, it is still possible for doctors to work longer hours by signing an opt-out clause. The Junior Doctors Committee believes that this option should be retained for junior doctors who are able to determine their own working hours. However, most junior doctors do not fall into this category. Given that the directive aims to improve health and safety, the BMA considers that a number of conditions must be met if the opt-out is to remain part of the legislation: any opt-out must be truly voluntary with no undue pressure or coercion exerted on junior doctors to work outside the EWTD hours and rest requirements. Further, an opt-out should neither be a necessity for a post nor form part of any contract.
As part of the ongoing EU decision making process, the European Parliament voted to phase out the opt-out over a three year period following the introduction of the directive. Supported by some other European countries, the UK government has been engaged in a rear-guard action in the Council of Ministers, to retain it. Other member states, including France, Belgium, Sweden, Spain, Greece, Finland and Lithuania, are keen to end the opt-out.
Further complications have been caused by recent European Court of Justice rulings which have ruled that on-call time spent by a doctor should be classed as working time, a point that the BA strongly supports.
The decision making on the revision of the Directive is now at a stalemate with the Portuguese EU Presidency hoping to broker an agreement before the end of 2007. If they fail, the current Directive (allowing the opt-out) will stand. In addition member states will be forced to implement the European Court of Justice rulings on on-call time. The BMA has been lobbying the UK government and UK MEPs to respect the decisions regarding on-call time. The most recent BMA position paper on EWTD is available at www.bma.org.uk/hoursofwork
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