"PDFORRA has been engaged in a process since 2011 of seeking to have the Working Time Directive
protections afforded to our members yet to date no advances have been made [except] for those that have been secured through court action.
What is the Working Time Directive
? The EU Working Time Directive
enshrines minimum health and safety requirements for organising working time in EU member states.
Some 63% of those currently gaining from the Working Time Directive
holiday provisions are women, including 3.5m women working part-time.
The ECJ was therefore asked to decide whether the time spent travelling to and from the first and last customer was working time or resting time under the Working Time Directive
(implemented into UK law by the Working Time Regulations).
As the Working Time Directive
enforced holidays as a requirement of providing a healthy and safe working environment for workers it thus followed they should be paid at the same rate as if they had been working.
It is widely expected the tribunal will follow the judgment of the European Court of Justice and hold that commission and bonus payments should also form part of the calculation for holiday pay under the Working Time Directive
"We do not consider that there has been a breach of the European Working Time Directive
The Commission considers this situation a serious infringement of the EU's Working Time Directive
, endangering not only doctors' health and safety but also their patients as over-tired doctors risk making mistakes The Commission became aware of the infringement following national reports highlighting the lack of compliance, and after receiving a complaint from an Irish doctors' organisation.
It was in this context that, in 2004, the Commission proposed modifying the Working Time Directive
, particularly in order to clarify rules on the application of the directive to working times in certain sectors, to provide more flexibility in setting weekly working times and to review the limit of 48 hours for the individual opt out clause.
The EU working time directive
came into force in August 2009.
"The European Working Time Directive
has affected the NHS, but any issues at our hospitals have been minimal."
He should go to Brussels and tell Eurocrats that their Working Time Directive
does not work as it is applied in hospitals.