Written Answers. - EC Directive on Working Time
Theresa Ahearn
Ceist:
69
Mrs. T. Ahearn
asked the
Minister for Enterprise and Employment
the progress made on the EC Council Directive concerning certain aspects of the organisation of working time; the impact this directive will have on workers, employers and the Irish economy; and if he will make a statement on the matter.
The proposed EC Directive on the Organisation of Working Time was discussed by the Social Affairs Council for the first time in December 1991 and was again discussed by the Council in April, June and December 1992.
The June Council had a lengthy discussion on the proposal and concluded that there was broad agreement on the Directive except for some problems of a technical nature. The Council decided to establish a Technical Working Party with a view to resolving these issues as soon as possible. The Technical Working Party held several meetings and work is continuing at official level in an effort to resolve outstanding issues. The Danish Presidency has now scheduled the Directive for consideration at the Social Affairs Council on 6 April.
While the scope of the Directive is very broad, it will be possible, in a number of specific areas of employment to derogate from the provisions of the Directive in legislation, provided that equivalent compensatory rest is provided for the workers concerned. It will also be possible to derogate from the Directive by means of collective agreements provided that equivalent compensatory rest is provided. This provision will permit sectors or employments experiencing difficulties in complying with the provisions of the Directive to conclude agreements allowing for the operation of working time patterns which are more appropriate to that sector or employment, while ensuring, through the provision of equivalent compensatory rest, that the health and safety of workers is protected.
Even in employments where full compliance is required, the impact of provisions will depend on how individual employers decide to react in order to meet their obligations e.g. by the introduction of new technology, reorganisation of working schedules, recruitment of new workers, rationalisation etc. It would not be possible to predict the outcome of the decisions by so many employers collectively and individually, particularly as the definitive provisions of the Directive remain to be settled.
The Directive, when adopted, will provide a wide-ranging regulatory framework covering the full range of working time issues which, at present, are largely regulated through the collective bargaining process.
When a common position is adopted on the proposal at the Social Affairs Council, the draft Directive will, under the co-operation procedure, then be forwarded to the European Parliament for consideration and referred back to the Council for final decision.
