European Negotiations on the Working Time Directive

On the 17th December 2008 the European Parliament voted on the proposal to revise the Working Time Directive.

The European Parliament was considering whether to accept or amend a compromise text supported by the European Employment and Social Affairs Council (the meeting of European Employment Ministers) in June 2008.

The compromise text retained the right to the individual opt out and stated that the inactive part of on-call time would no longer be counted as working time, unless otherwise provided by collective agreement or national legislation.

The vote in the European Parliament rejected the proposed compromise text negotiated by the employment ministers in June 2008. This means that no agreement has been reached and a further round of negotiation will follow. The NHS must continue to comply with the existing Working Time Regulations, including planning for the implementation of the further reduction in junior doctors' working hours in August 2009.

Conciliation negotiations are taking place between the Council of Ministers and the European Parliament to see if agreement to amend the Directive can be reached before the current term of the European Parliament ends in May 2009 but it is unclear whether a deal can be achieved. The negotiations are likely to run to the wire with the latest information being that the Parliament could vote again on proposed changes to the Directive in the week commencing 4th May.