Maltese social partners oppose abolition of working time Directive opt-out

Abstract

Malta is one of the few EU Member States that have taken up the option laid down in EU Directive concerning certain aspects of the organisation of working time (originally adopted in 1993 and now consolidated in Directive 2003/88/EC), of not applying Article 6 of the Directive - which specifies a maximum average working week (including overtime) of 48 hours - if an individual worker consents to this (ie the 'opt-out'). In September 2004, the European Commission proposed a draft Directive to revise the working time Directive (EU0410205F), which included revision of the 'opt-out' provision and reached the stage of a first reading in the European Parliament (EP) in May 2005 (EU0505205F). The Maltese social partners have expressed their disagreement with the EP's vote in favour of repealing the opt-out clause three years after the entry into force of the revised Directive. Maltese trade unions, employers and main political parties believe that the opt-out clause should be retained in the light of the country’s particular socio-economic circumstances. In general, the Maltese social partners agree with the reduction of working hours and do not question the intrinsic benefits of the working time Directive and the rationale behind the opt-out clause. However, while reiterating that it is in the interest of all to safeguard workers’ health, they believe that Malta has valid reasons to maintain flexibility in working hours.