Press Releases

Bartenstein: Positions on the Working Time Directive further hardened

No compromise in sight

"Even at the fourth attempt, an agreement on the Working Time Directive proved beyond our reach", Economics Minister Martin Bartenstein, President of the Council, regretted after the renewed failure of the Employment and Social Policy Council on Thursday night in Luxembourg. There was no point in trying to give a positive spin, he said, as the Member States were still miles apart on the thorny issue of the opt-out.

The two camps have become increasingly entrenched in their positions – the one continuing to defend the opt-out, the other insisting it should be phased out. The Presidency tried to bridge the gap between the two. Unfortunately, neither side was willing to retreat from its position.

A renewed attempt will also require a new approach to the opt-out if it is to succeed. At any rate, maintenance of the status quo is not expedient, as this would mean that:

1. with regard to on-call duty, three quarters of the EU Member States (including Austria) would continue to infringe the existing Working Time Directive according to the case law of the European Court of Justice (Simap/Jäger cases), and
2. uncontroversial improvements in the application of the opt-out designed to protect employees cannot enter into force.

In this context, Bartenstein criticised the practice of some Member States to attack the opt-out indignantly in Brussels, while applying it at home.