The current pressure on workers to accept greater flexibility in their working hours must be accompanied by “flexibility rights” for workers, as proposed by the European Parliament at first reading. This is all the more necessary if the revision of the WTD is implemented in the Member States and new provisions of the directive, for example with regard to on-call time and annual working time, will allow for more irregular and unpredictable working hours. The Charter of Fundamental Rights guarantees all workers the right to limit their working hours and protect themselves from the health and safety risks of long and irregular working hours. This provision is incompatible with individual opt-outs and other exclusions from working time protection. According to the judgments of the European Court of Justice in the SiMAP and Jaeger cases, working time also covers time spent on appeal, including periods of time that are not . B when a doctor sleeps on site. Current decisions on working time will determine the chances of future generations. 1.2. According to a collective agreement, the 48-hour weekly period can be calculated in reference to a period of up to 52 weeks. Three important recent ECJ cases in SIMAP, Jaeger and Pfeiffer have confirmed that “on-call time” – if the worker is to be available in the workplace – should be defined as working time, in accordance with the provisions of the directive.
If your staff provides transportation services for people or goods by rail, air, road or waterway, you must follow specific working time rules. Your EURES advisor can inform you of working conditions and assist you in recruitment procedures in your country or in your cross-border region. In addition, more and more Member States have recently turned to opt-outs in order to circumvent working time restrictions in areas such as public health. The weekly working hours were gradually reduced until August 2009 and the maximum working time was reduced from an average of 56 per week to 48 (calculated over six months). Clinical governance problems: These problems can occur due to poorly-stocked or poorly implemented rotas. If you have doubts about your work practices, it is important that you approach it as you would in normal working conditions. Read our guidelines for increasing concern There have been a number of judgments of the European Court of Justice on the EWTD. Perhaps the most important for physicians are SiMAP and Jaeger, which have enshrined the principle of on-call time in the workplace as work. The European Working Time Directive 1.1. The Working Time Directive[1] (directive) was introduced in 1993 as a health and safety measure as a “practical contribution to the creation of the social dimension of the internal market”. It provides for a 48-hour limit over 7 days, on average over a reference period of no more than 4 months; Limiting night work Health assessments for night workers and the right to weekly, daily and unemployed leave and four weeks of paid annual leave.
1.2. According to a collective agreement, the 48-hour weekly period can be calculated in reference to a period of up to 52 weeks. 1.3. The directive does not apply to self-employed workers or persons with “autonomous decision-making powers,” family workers or workers who participate in religious ceremonies in churches and religious communities. 1.4. Working hours and associated conditions for truck drivers are covered separately by the Road Transport Directive. [3] The UK working time provisions 1.5. The directive was transposed in 1998 by the Working Time Regulation into UK law, which provides for the right to voluntary opt-out. Under the regulations, the individual agreement that the 48-hour limit does not apply must be written. [4] In 1999, the working time provisions were
