The opt-out clause of the Working Hours Directive 1998. :: Business and Management Studies

The opt-out article of the Working Hours Directive 1998.The European Working succession Directive (EWTD) was adopted in 1993, andcame into force in the UK under the Working Time Regulations 1998 as asafety measure, because of the recognised negative effects on healthand safety of excessively long working hours. It also provides forstatutory stripped-down rest-break entitlements, annual leave and workingarrangements for night workers.The EWTD is also designed to help work life balance by limiting longhours, which is both disagreeable and harmful to health. For example,some research has shown that driving while tired provided similarresults to driving after having drunk alcohol.The EWTD regulations place a legal requirement on employers, whichmeans that if it is not implemented, national governments willing beliable for payment of heavy financial penalties and potentiallysanctions from the European Union (EU).There are no rights to work long hours, but there is legal protectionto p rotect workers rights to reasonable working environment andconditions, and to family life.The main features of the EWTD are no more than 48 hours work perweek 11 hours continuous rest in 24 hours 24 hours continuous restin seven days (or 48 hours in 14 days) a 20 minute break in workperiods of over 6 hours four weeks annual leave and for nightworkers, an average of no more than 8 hours work in 24 hours over thereference period.The EWTD was considered by the UK Government as an issue of workingconditions, not as a health and safety issue. As a result, in 1993,the UK negotiated an opt-out clause, which allows Member States not toapply the limit to working hours under certain conditions, such as prior agreement of the individual, no negative fall out from refusingto opt-out, and records kept of working hours of those that have optedout.The European Commission announced on 23rd September 2004 its polemic proposal to update the 1993 Working Time Directive. Thiswill most likely mean the U K will have to abandon its opt-out clause.If this is the case, and working hours are restricted, there will bemany advantages and disadvantages for both employees and employers.The advantages and disadvantages range from health and safety issuesto financial issues.The advantages for employees are firstly, no longer shall employeesbe pressured into signing a contract with an opt-out clause stating ifrequired, they must work extra time. This will also stop a lot ofemployers blackmailing potential and/or current employees, which canbe often the case. For example, an employer may say to a potentialemployee, that if they do not sign the opt-out clause contract then