The EU Commission has issued a consultation on the Working Time Directive, with the aim of producing an impact assessment of options for reform. This marks a change in activity given the stalemate over recent years – in essence, there is agreement that the Directive is no longer fit for purpose, but there has been to date no agreement on how to fix it.

Here is a summary of the questions posed by the Commission’s consultation:

  • The Directive should apply the 48 hour limit per worker or per employment contract (where a worker has more than one job, for example).
  • Defining “on-call” time should be left to member states and their social partners (employer and trade union representatives) or codified in the Directive.
  • “Stand-by” time should be codified as non-working time, or as partial working time, in the Directive together with new limits on stand-by time.
  • Compensatory rest should be granted immediately or within 2/4 days.
  • The 48 hour reference period should be extended (up to 12 months for all sectors).
  • The opt-out should be abolished and/or stricter conditions introduced.
  • The autonomous worker exemption should be clarified or narrowed or widened.
  • Specific questions are also asked about the emergency services and health sector and whether the Directive needs reforming to address new working patterns including zero hour contracts, flexitime and home-working.
The consultation closes in March next year and the impact assessment is expected during 2015.


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I can review your Contract of Employment and Employee Handbook for compliance with this new legislation that takes affect on 6 April 2020 and provide a written report detailing where your contract and employee handbook will need updating. You will receive your report within 5 working days of sending me your contract and employee handbook.

If you authorise me to make the changes I have suggested in my report there will be an additional fee. My written report will confirm the fees and anticipated timescales.

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Consultation Begins on the Working Time Directive