No C 109/50 Official  Journal  of the European  Communities 19. 9. 74 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  recommendation  addressed  to the  Member  States 
regarding  the  application  of the  principle  of the  40-hour  week  and  four  weeks' 
annual  paid  holidays 
The text  referred  to the Committee  has  been  published  in the Official  Journal  of the 
European  Communities  No  C 8 of 31 January  1974,  page  27. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its meeting,  held  on 10 December  1973,  the Council  referred  the abovementioned 
proposal  to the Economic  and Social  Committee  on an optional  basis. 
The request  for  an opinion  was  sent  by the  Council  to the  Economic  and  Social 
Committee  on 11 December  1973. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the above  matter  at its 
120th  Plenary  Session,  held  in Brussels  on 29 and  30 May  1974. 
The full  text  of the Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request,  dated  10 December 
1973,  from  the Council  of the  European  Communi-
ties for an Opinion  on the  proposal  for  a Council 
recommendation  addressed  to the  Member  States 
regarding  the  application  of the  principle  of the 
40-hour  week  iand  four  weeks'  annual  paid  holidays  ; 
Having  regard  to Article  198  of the  Treaty  esta-
blishing  the European  Economic  Community  ; 
Having  regard  to the  Decision  taken  by its Bureau 
at its meeting  held  on 12 December  1973  entrusting 
the Section  for  Social  Questions  with  the  prepara-
tion of an opinion  on the matter  ; 
Having  regard  to the  Opinion  delivered  by  the 
Section  for  Social  Questions  at its meeting  on 16 
May  1974  ; 
Having  regard  to the oral  report  presented  by Miss 
Mackie,  Rapporteur  ; 
Having  regard  to the  discussions  at its  120th 
Plenary  Session  on 29 and  30 May  1974  ; 
Whereas  the  Economic  and  Social  Committee  has 
endorsed,  as part  of the  Social  Action  Programme, 
the objectives  of a shorter  working  week  and  longer 
paid holidays  ; 
Whereas  the  question  of paid  annual  holidays 
cannot  be  considered  without  reference  to the widely  varying  number  of public  holidays  in the 
different  Member  States, 
HAS  ADOPTED  THE  FOLLOWING  OPINION  : 
The Committee  welcomes  the proposal  for a recom-
mendation  addressed  by  the  Commission  to the 
Council  and  regarding  the  application  of the  prin-
ciple  of the  40-hour  week  and  four  weeks'  annual 
paid holidays,  subject  to the  following  comments 
and proposed  amendments. 
The Committee  notes  that  the proposed  recommen-
dation  applies  only  to persons  in paid  employment 
and does  not cover  other  categories  such  as the self-
employed,  particularly  farmers  and  their  families, 
and housewives.  The  Committee  feels  that  the 
working  conditions  and  status  of these  categories 
should  not be neglected  and  would  like  the Commis-
sion to give  them  proper  consideration. 
1. GENERAL  COMMENTS 
1.1. The  Economic  and  Social  Committee 
welcomed  the  inclusion  in  the  Social  Action 
Programme  of action  on the  important  subjects  of 
the length  of the  working  week  and  the  amount  of 
19. 9. 74 Official  Journal  of the European  Communities No C 109/51 
annual  holiday  entitlement.  It is the  view  of the 
Commission  that  a proposal  for  a Directive  on 
these  subjects  would  not  be acceptable  in some 
Member  States  at present.  The  Committee  hopes, 
however,  that  the recommendation  will  lead  to posi-
tive action  and  that  the  dates  for  implementation 
(the 40-hour  week  by 1975  and  four  weeks'  annual 
paid holidays  by 1976)  will  be complied  with. 
1.2. It  is undoubted  that  any  Community  deci-
sions  affecting  conditions  of employment  should 
take account,  firstly,  of the wide  variety  of practices 
already  established  in the  nine  Member  States,  and 
secondly  of the  diverse  methods  at present  adopted 
for deciding  the  maximum  length  of the  working 
week  and  the length  of annual  holidays. 
1.3. At  the present  time,  for example,  the funda-
mental  question  of the  definition  of the  'normal 
working  week'  is dealt  with  differently  from 
country  to country.  This  term  is used  to mean  the 
number'of  hours  regularly  worked  including  over-
time  ; or the  working  week  established  by law  ; or 
the week  agreed  by collective  agreement  between 
social  partners.  A further  problem  of definition  and 
understanding  is that  the  Commission's  proposal  is 
by no means  clear  in its intended  effect  on shift 
work,  where  an almost  infinite  number  of different 
patterns  and  systems  of rotation  are  used  in the 
Member  States,  and  where  it is not  uncommon  for 
the number  of hours  worked  to vary  from  week  to 
week  within  the shift  cycle. 
1.4. The  Commission  could  have  used  the 
authority  of Article  235  to prepare  a Directive,  but 
the Committee  believes  that  in such  an important 
matter  the  use  of a Directive  would  inevitably 
create  significant  problems  at national  level,  would 
restrict  the  autonomy  of the  social  partners  and 
might  therefore  not be the most  effective  method  of 
achieving  the desired  results. 
1.5. The  use  of a recommendation  as proposed 
may have  the disadvantage  of weakness,  unless  it is 
sufficiently  clear  to provide  a target  which  can  be 
achieved  in different  ways  in the  various  Member 
States. 
1.6. Accordingly,  the Committee,  while  approving 
the Commission's  proposals,  wishes  to make  the 
following  specific  comments. 2. SPECIFIC  COMMENTS 
Opening  paragraph 
In view  of the  importance  of collective  agreements 
in the  Member  States,  this  would  be  better 
expressed  as follows  : 
'To take  the  necessary  steps  by close  collabora-
tion with  the social  partners  leading  to collective 
agreements,  or, where  necessary,  by legislation, 
to ensure  that 
1st subparagraph 
2.1. This  should  contain  acceptance  of the  need 
for certain  industries  to apply  the requirements  in a 
flexible  way,  such  as is envisaged  in the  following 
subparagraph.  In particular,  provision  should  be 
made  for the target  of 40 hours  to be achieved  on 
an average  basis  over  a shift  cycle,  or perhaps  even 
a longer  period  in the case  of highly  seasonal  work 
such  as agriculture.  The  special  problems  of trans-
port must  also  be given  proper  consideration.  Since 
the word  'normal'  can  be interpreted  in different 
ways,  and  in view  of the importance  of this  part  of 
the recommendation,  the  Committee  proposes 
amending  the wording  as follows  : 
'— the principle  that  the working  week,  as esta-
blished  by collective  agreement  or national  law, 
must  not  exceed  40  hours  is applied  in all 
sectors  and  throughout  the  Community  by 31 
December  1975  at the latest'. 
2nd subparagraph 
2.2. It  is not realistic  to require  that  in all employ-
ment,  industries  and  services  'working  hours  are 
spread  in principle  over  five  working  days'  within  a 
seven-day  cycle  or with  five  consecutive  working 
days.  This  ignores  the need  in certain  industries  to 
define  an acceptable  and  practicable  pattern  of 
work  over  a seven-day  cycle.  By referring  to 'sectors 
and branches  of the  economy  where  this  proves 
impracticable'  the wrong  emphasis  is placed  on the 
need  for flexibility  which  can  arise  in certain  types 
of employment  within  a wide  range  of industrial, 
commercial  and  professional  organizations.  There 
should  be a clear  reference  to shift  work,  and  'trans-
port'  should  be added  to the list of examples. 
3rd subparagraph 
2.3. The  Committee  supports  the  protection  of 
the earnings  of workers  whose  hours  of work  are 
No C 109/52 Official  Journal  of the  European  Communities 19. 9. 74 
reduced  following  this  recommendation.  The  social 
partners  should  ensure  equitable  treatment  between 
such  workers  and  any  who  may  already  benefit 
from  a 40-hour  working  week. 
4th subparagraph 
2.4. The  Committee  foresees  some  problems  in 
the proposal  in so far as it takes  no account  of the 
different  national  relationship  between  annual  holi-
days  on  the  one  hand  and  public  holidays, 
including  feast  days,  on the  other.  For  example, 
four weeks'  annual  holiday  in the  United  Kingdom 
would  be additional  to any  days  of national  or relig-
ious holiday  ; in other  countries  it might  be addi-
tional  provided  the dates  did not coincide. 
This  is not a simple  problem  and  the  Commission's 
draft  treats  it as one.  The  level  of paid  annual  holi-
days  cannot  simply  be changed  without  recognition 
of the realities  of the situation,  and  the Commission 
should  revise  the  proposal  to allow  national  and 
religious  holidays  to be  taken  into  account  by 
Member  States  in implementing  the  recommenda-
tion.  This  might  be done  by expressing  it in terms 
of the  total  number  of paid  working  days'  holiday 
in the year  rather  than  calendar  weeks. 
5th subparagraph 
2.5. This  is understood  to require  that  so far as 
is necessary  appropriate  changes  are  made  to 
holiday  pay  arrangements  to ensure  that  any  new holiday  achieved  as a result  of the  recommendation 
will be paid  on the  same  basis  as existing  annual 
holiday.  The  Committee  approves  this  proposal. 
6th subparagraph 
2.6. This  should  be subject  to the necessary  modi-
fication  for particular  circumstances  proposed  in the 
comments  to earlier  parts  of the  recommendation. 
It is unrealistic  to assume  that  the  public  services, 
including  the police,  transport,  fire  services,  etc.,  can 
benefit  from  a 40-hour  week  without  any  acknow-
ledgement  of the need  to work  on a shift  basis. 
7th subparagraph 
2.7. This  would  be more  effective  if there  was  a 
requirement  to notify  the  Commission  before  the 
expiring  of the  deadlines  of any  action  taken  at 
national  level  intended  to enable  the deadlines  to be 
met. Similarly  provision  should  be made,  since  this 
is only  a recommendation,  for further  reports  to be 
provided  from  any  country  which  did  not  suceed  in 
meeting  the  deadlines.  The  reports  should  be 
provided  on a regular  basis  until  the  recommenda-
tion is fully  implemented. 
Done  at Brussels,  30 May  1974. 
The Chairman 
of the 
Economic  and  Social  Committee 
Alfons  LAPPAS 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on employment  and  the changed  situation  in the Community 
The Opinion  of the Committee  is not based  on any  text. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its 118th  Plenary  Session  held  on 30 January  1974,  the  Committee,  acting  on a 
proposal  from  the Bureau,  decided  to deliver  an Opinion  on the abovementioned  subject 
on its own  initiative.