According to well informed circles, the EU Commission will initiate the second consultation phase of the European social partners on the Working Time Directive (WTD). The focus now will be on the concrete contents of the envisaged proposal. It will be interesting to see whether this will result in a comprehensive or only a partial review and whether the European social partners themselves will open negotiations or wait for a proposal by the EU Commission. The latter is likely and more realistic.

Sole review of on-call time and the periods of compensatory rest is an option

In the opinion of the EU Commission, a review of the WTD in the EU is urgently required. According to informed circles, the EU Commission regards two review options worth considering. The first option would be to focus on only a small number of issues in connection with the Working Time Directive, for example the on-call time and the periods of compensatory rest. In particular these two points address the problems healthcare facilities, which provide 24-hour service, are faced with. Especially the on-call time and the associated infringements against the WTD led to a number of ECJ decisions, which must also be respected. It cannot be allowed that principles, such as on-call time are challenged.

A comprehensive review of the WTD would be more in keeping with changes in the working world

Another option would be a comprehensive review of the WTD. The EU Commission points to fundamental changes in the working world, which no doubt have been taken place over the past years. However, to be able to react to these changes, a comprehensive review would indeed be appropriate, as it would be easier to react to the increasingly more flexible forms of work. The reconciliation between work and family life, where in particular working time rules are of vital importance, could be regulated better. Of course, in case of a comprehensive review, it would be necessary to renegotiate the on-call time, the periods of compensatory rest and the famous opt out - the departure from the weekly maximum working hours.

EU social partners have eight weeks for the second consultation phase

As soon as the second consultation phase begins, the European social partners have eight weeks to respond to the questions of the EU Commission. The most important issue would be the willingness to negotiate the new WTD themselves. This would be a daring venture, as its outcome is more than uncertain. Therefore it is more likely that it will be left to the EU Commission to present a new proposal.