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Dáil Éireann debate -
Tuesday, 3 Dec 1996

Vol. 472 No. 3

Written Answers. - Working Time Directive.

Desmond J. O'Malley

Question:

49 Mr. O'Malley asked the Minister for Enterprise and Employment the representations, if any, made to his Department regarding the incorporation of opt-out clauses in the organisation of working time legislation. [23207/96]

Article 18 (1) (b) (i) of the Organisation of Working Time Directive 93/104/EC states that a member state shall have the option not to apply Article 6 of the directive (which limits the working week to an average of 48 hours) provided it takes the necessary measures to ensure that the employer has obtained the worker's agreement to work more than 48 hours in a week, that a worker who is not willing to so work for more than 48 hours suffers no detriment by his employer and that records are kept and other administrative requirements are observed. This is the only "opt-out clause" permitted by the directive.

I have received representations from both sides of industry regarding the inclusion of the option permitted by Article 18 (1) (b) (i) in our legislation to implement the directive. The Irish Congress of Trade Unions is opposed to the inclusion of this option while the Irish Business and Employer's Confederation supports its inclusion. A number of individual employers and employees and public representatives have also made representations on the issue.
The inclusion of the Article 18 (1) (b) (i) option in the Organisation of Working Time Bill, 1996, would effectively permit employers and employees to opt out of the maximum working time limit required by the directive on the basis of individual agreements. Such an approach would be undesirable both from a health and safety perspective and from the point of view of sharing available work. Indeed, it would be unprecedented to allow an individual employee to opt out of a statutory health and safety requirement. In addition, the replacement of collective bargaining and social partnership which has served this country well by individual negotiation or individualised contracts in this vital area would be a retrograde step.
The Organisation of Working Time Bill, 1996, is a flexible instrument permitting wide averaging periods, maximum use of the permitted derogations, and a sensible definition of working time. In this context, I am satisfied that the legislation as proposed will operate to the benefit of workers and their health and safety while affording sufficient flexibility to employers to regulate working time so as to adequately meet competitive demands.
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