WRITTEN QUESTION E-2196/02

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(19 July 2002)

Subject: Scope of the working time directive

The number of senior managers in the EU Member States is on the increase. In spite of this, senior managers do not enjoy protection of their working hours, since they are not covered by the scope of the EU working time directive (93/104/EC)(1). Senior managers have some of the longest working hours of all the employees in the various Member States, and continuing unregulated overtime has already led to work-related diseases and numerous other problems.

However, middle managers are clearly in the position of employees and should receive the same legal protection as other staff groups. The current situation is also in clear conflict with the European Social Charter, which guarantees fair working conditions, and in particular reasonable working hours.

The scope of the working time directive should be extended as soon as possible to cover senior managers in business, so that the stress and health problems caused by unreasonable working hours can be prevented. What is the Commission's timetable for reforming the working time directive so that senior managers are also covered by it?

(1) OJ L 307, 13.12.1993, p. 18.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 August 2002)

Senior managers are within the scope of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time(1). According to Article 1(3) of this Directive, it applies to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Article 17 of this Directive, with the exception of air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and the activities of doctors in training.

It should be noted that the sectors and activities excluded from the scope of Directive 93/104/EC will be brought within its scope as of 1 August 2003 (1 August 2004 for doctors in training), following the adoption of Directive 2000/34/EC(2).

However, according to Article 17(1) of the Directive, with due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Articles 3, 4, 5, 6, 8 or 16 when, on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves, and particularly in the case of: (a) managing executives or other persons with autonomous decision-taking powers.

This provision does not exclude senior managers from the scope of the Directive, but it allows Member States the possibility of derogations with regard to some of the articles.

For derogations from the basic principles of the Directive, it must be interpreted restrictively. It cannot therefore be taken to allow derogations from the above articles for senior managers in general, but only for those whose working time, on account of the specific characteristics of the activity concerned, is not measured and/or predetermined or can be determined by the workers themselves.

In light of the above, the Commission does not intend to propose amendments to Directive 93/104/EC to extend its scope.

(1) OJ L 307, 13.12.1993.

(2) Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive, OJ L 195, 1.8.2000.