30 April 2009 ESBA on Working Time Directive

ESBA PRESS RELEASE 30 April 2009

Europe’s 23 million SMEs welcome breakdown in working time talks

Small businesses are welcoming the breakdown of talks on the EU Working Time Directive which leaves them free to choose the hours in their working week.

The collapse of the talks sees an end of the European Parliament’s proposal to phase out the opt-out in three years time – which entitles employers and employees in the member states to retain the flexibility to work more than 48 hours a week if they choose.

A conciliation meeting in Brussels between the Member States, European Parliament and the European Commission was unable to resolve the long-standing differences between the European Parliament and member states over whether to retain the opt-out or not. With the deadline for reaching an agreement rapidly approaching, and the differences between the parties too great, it was agreed there was no value in continuing the negotiations any further.

Since there is no agreement, the current directive, dating from 1993, remains in force. It will then be for the new European Commission to decide how to proceed.

Speaking in Brussels after the collapse of these talks, Tina Sommer, President of the European Small Business Alliance (ESBA) said:

“This is great news for Europe’s 23 million SMEs and for ESBA which has been at the forefront of the campaign to ensure that Europe’s small businesses and their staff can continue to work the hours that suit them and not the hours that suit Brussels.”

“Removing the opt-outs from the working time directive would have constituted a serious blow to small businesses, which are at the forefront responding to the current economic crisis. The opt-out is a sensible way of allowing decisions about working patterns to be made nationally, and currently 14 countries use the opt-out allowing employees and employers make the decision which is right for them on working hours and working culture.”

“We will continue to keep a close eye on this issue. The new Commission should be under no illusions as to the strength of feeling in the small business community with regard to maintaining the opt-out. If the new Commission decides to reignite this issue in the autumn, they will have a fight on their hands.”

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