Dáil Éireann debate -
Tuesday, 22 Jun 1993

Vol. 432 No. 6

Written Answers. - EC Directive on Working Week.

Eamon Gilmore

Question:

53 Mr. Gilmore asked the Minister for Enterprise and Employment when it is intended to implement the EC Directive on the introduction of a maximum 48 hour working week; if the Government has any plans to increase the statutory entitlement of Irish workers to paid annual leave to bring it more into line with the European norm; and if he will make a statement on the matter.

Minister for Enterprise and Employment (Mr. Gilmore)

The Deputy's question relates to the proposed EC Directive on the Organisation of Working Time. The Council of Social Affairs Ministers reached political agreement on this proposed Directive on 1 June, 1993. However, before the Directive can be finally adopted, the proposal agreed by the Council must be submitted to the European Parliament for consideration and referred back to the Council for final decision. This process is likely to take some months to complete and may result in amendments to the existing text of the proposals.

The proposed Directive, which will apply to most employments, includes provisions on a range of working time issues such as maximum average weekly working hours, annual leave, daily and weekly rest periods and it also includes special provisions in relation to night work.

In relation to a maximum weekly working time, the proposed Directive provides that the average working time for each seven-day period, averaged over a four month reference period, must not exceed 48 hours. This four month reference period for averaging purposes may be extended to six months by legislation in certain circumstances and, in addition, it may be extended to twelve months by way of collective agreement.

In relation to annual leave, the proposed Directive provides for entitlement to paid annual leave of at least four weeks. This represents an increase of one week on the existing statutory entitlement of workers in this country.

On the question of implementation, the position is that member states will have three years from the date of final adoption of the Directive to implement its provisions. Member states may, however, extend that three year implementation period by up to a further three years in the case of the annual leave provision. In addition, member states will have the option not to apply the maximum weekly time provision, subject to a number of specific measures being introduced to ensure, among other things, (i) that an employer may not require an employee to work longer than 48 hours a week on average without his or her agreement to perform such work and (ii) that no worker is subjected to any detriment because he or she is unwilling to agree to perform such work.

When this Directive is adopted in final form, it is my intention to consult fully with the social partners as regards the formulation of national legislation to implement its provisions. The time-scale for implementation, within the limits provided for in the Directive, will be one of the issues for consideration at that stage.