UK keeps opt-out of 48-hour week after talks collapse

Britain’s opt-out from Europe’s 48-hour working week was still intact today after all-night talks collapsed without agreement.

At least nine EU countries now using the opt-out to give employers and workers more flexibility refused to budge over MEPs’ demands that the concession be scrapped.

One last round of negotiations between officials from EU governments and a delegation of MEPs could take place this month – or plans to update the Working Time Directive will fall and the opt-out will continue.

Employment Relations Minister Pat McFadden said today: “We have said consistently that we will not give up the opt-out and that continues to be the case.

“We think that everyone has the right to basic protections surrounding the hours that they work, but also the right to choose those hours.”

The minister went on: “Choice over working hours has operated successfully in the UK and in other member states for many years.

“In the current downturn it is more important than ever that people keep the right to put more money in their pockets by working longer hours if they wish. We refused to be pushed into a bad deal for Britain.”

At the very least, MEPs are pushing for an updated working hours law to include a review of the opt-out to phase it out in three years – flatly rejected by the UK.

Last December MEPs voted by 421-273 to scrap the opt-out, but by then EU governments had already voted to keep it.

The issue then had to go to “conciliation”, and even the European Commission, which once vehemently opposed the opt-out, has urged MEPs to be realistic and respond to pressure from so many governments to keep the flexibility of longer working hours.

But most MEPs share the trade union view that the opt-out exploits workers who need the protection of a fixed maximum permitted number of working hours. This is even though governments have agreed an absolute working hour ceiling of 65 hours a week in return for keeping the right to exceed 48 hours a week.

One UK government official said: “The updated Working Time Directive on the table actually offers more safeguards for workers, including an absolute maximum working week of 60 hours even if the opt-out is used to exceed the normal maximum of 48 hours.

“But if the talks break down, the existing Directive prevails – with no cap on how many hours workers can work if the opt-out is invoked.”

He added: “So it is in the interests of workers to get this deal, and it appears the member states have a sufficient large backing not to give up the opt-out.”