Jukka Siukosaari1 The EU Working Time Directive - a never-ending story? NordÖL -meeting, Helsinki 6th June 2008 Jukka Siukosaari International Affairs Officer M.Sc. (Econ.)

Jukka Siukosaari2 Brief history of the EWTD Directive from 1993, last updated 2003 Includes all fields of work Doctors in limelight because of ECJ case law: “on call duty performed by a doctor required to be physically present in the hospital must be regarded as working time” SIMAP 2000 & Jaeger 2003 September 2004 first Commission proposal to amend EWTD

Jukka Siukosaari3 Brief history of the EWTD After discussions in the Council and opinions of EP & EESC a second proposal in June 2005 General agreement on - definition of on-call time - reference periods - reconciliation of work and family life - compensatory rest No agreement on need and conditions of the opt-out

Jukka Siukosaari4 The process so far and in the future Codecision procedure – role of parliament important Qualified majority in the Council needed Council will not approve the EP position Result from the council (in June?): common position with a statement of reasons Commission communication thereafter Time limits start to apply – solution in about a year

Jukka Siukosaari5 12 months time limit

Jukka Siukosaari6 Presidencies in search of a solution UK-Austria-Finland-Portugal-Slovenia - France? 2007 Commission infringement procedures against 23 member states Jaeger case, EU Ombudsman and Germany 2007 innovation: link with the Temporary Workers Directive

Jukka Siukosaari7 Lobbying efforts by doctors Not easy to find a common position Doctors in training have a particular interest CPME, UEMS, PWG all active Fighting for a lost cause?

Jukka Siukosaari8 Issues on the table The two directives as a package Reconciliation of work and family life formulation Regarding the opt-out: i) length of period for short term contracts - four weeks or months? ii) weekly working limit of 60 or 65 hours (or no limit = 78 hours)? iii) agreement within 4 first weeks of employment? iv) reference period 12 or 6 months?

Jukka Siukosaari9 Where do the member states stand? Britain Germany France Greece Spain Belgium Italy Luxembourg Austria Denmark Finland Ireland Latvia Lithuania Malta Poland Slovakia Sweden Bulgaria Cyprus Czech Rep. Estonia Hungary Netherlands Portugal Romania