CELEX: 51991PC0130
Language: en
Date: 1991-04-23
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING CERTAIN ASPECTS OF THE ORGANIZATION OF WORKING TIME

No C 124/8                          Official Journal of the European Communities                               14. 5. 91
                                                            II
                                                    (Preparatory Acts)
                                              COMMISSION
            Amendment to the proposal for a Council Directive concerning certain aspects of the organ-
                                                ization of working time
                                                      (91/C 124/06)
                                            COM(91) 130 final — SYN 295
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 23 April 1991)
                    COMMISSION TEXT                                                MODIFIED PROPOSAL
                                             Recital (1) is unchanged
                                                                                    New Recital (2)
                                                                Whereas it is appropriate that in the areas of its
                                                                competence the Community should respect at least the
                                                                Conventions of the International Labour Organization
                                                                with regard to weekly rest periods, in particular
                                                                Convention No 14 on weekly rest periods for industry
                                                                and Convention No 106 on weekly rest periods for
                                                                commerce and offices, and whereas it is appropriate to
                                                                implement Recommendation No 103 which calls for a
                                                                weekly rest period of 36 hours.
                                            Recital (2) becomes Recital (3)
Whereas, pursuant to that Article, such directives must         Whereas Directives, adopted pursuant to Article 118A,
avoid imposing administrative, financial and legal              must avoid imposing administrative, financial and legal
constraints which would hold back the creation and              constraints which would hold back the creation and
development of small and medium-sized undertakings;             development of small and medium-sized undertakings;
                                   Recital (3) becomes Recital (4) — Unchanged
                                   Recital (4) becomes Recital (5) — Unchanged
                                   Recital (5) becomes Recital (6) — Unchanged
                                                                                    New Recital (7)
                                                                Whereas the improvement of workers' safety, hygiene
                                                                and health at work is an objective which should not be
                                                                surbordinated to purely economic considerations;
 ---pagebreak--- 14.5.91                              Official Journal of the European Communities                            No C 124/9
                     COMMISSION TEXT                                                  MODIFIED PROPOSAL
                                      Recital (6) becomes Recital (8) — Unchanged
                                      Recital (7) becomes Recital (9) — Unchanged
                                     Recital (8) becomes Recital (10) — Unchanged
                                     Recital (9) becomes Recital (11) — Unchanged
                                    Recita (10) becomes Recital (12) — Unchanged
                                    Recita (11) becomes Recital (13) — Unchanged
                                    Recita (12) becomes Recital (14) — Unchanged
                                    Recita (13) becomes Recital (15) — Unchanged
                                    Recita (14) becomes Recital (16) — Unchanged
                                    Recita (15) becomes Recital (17) — Unchanged
                                    Recita (16) becomes Recital (18) — Unchanged
                                Article 1 and Article 2, points 1 to 4 remain unchanged
                                                        New point 5
5. 'night worker' means an employee who performs night               'night worker' means an employee who performs night
   work, whether through shift work or otherwise on a               work, regularly or in excess of a certain number of
   regular basis;                                                   hours a year, the number to be defined by each
                                                                    Member State after consultation with representative
                                                                    employers' and workers' organizations;
                                                    Point 6 is unchanged
                        Article 3                                                      New Article 3
Member States shall adopt the necessary measures to              Member States shall adopt the necessary measures to
ensure compliance with the minimum daily rest period of          ensure compliance with the minimum daily rest period of
eleven consecutive hours for a period of 24 hours.               twelve consecutive hours in each period of 24 hours.
                                               Article 4 remains unchanged
                        Article 5                                                      New Article 5
Member States shall adopt the necessary measures to               Member States shall adopt the necessary measures to
ensure that all workers are afforded an annual paid              ensure that all workers are allowed an annual paid
holiday for a minimum period; the procedures relating to         holiday for a minimum period of four weeks in respect
duration and any splitting shall be determined in                of every period of 12 months for which they work for
accordance with national practices.                              their employer. It shall not be possible to replace the
                                                                 minimum period of annual paid holiday with financial
                                                                 compensation.
                                            Articles 6 and 7 remain unchanged
 ---pagebreak--- N o C 124/10                           Official Journal of   European Communities                    .            14. 5.91
                       COMMISSION TEXT                                               MODIFIED PROPOSAL
                           Article 8                                                  New Article 8
1.     Employees durably subject to working time                1.    Employees subject to working time arrangements
arrangements involving night work shall be entitled to a       involving night work over a certain period shall be
health assessment without charge prior to their                entitled to a health assessment without charge prior to
assignment and at regular intervals thereafter.                their assignment and at regular intervals thereafter. This
                                                               shall be carried out at least once a year up to the age of
                                                               40 and twice a year at least after 40. The results of the
                                                               medical examination referred to above shall be subject to
                                                               medical secrecy and may not be disclosed to the
                                                               employer unless the medical condition of the worker is
                                                               such that disclosure is essential for safety reasons.
2.     Where a night worker suffers from health problems       2.     Where a night worker suffers from health problems
recognized to be connected with the fact that he               recognized by a competent authority to be connected
performs night work he shall be transferred, as soon as        with the fact that he performs night work he shall be
possible, to day work for which he is fit.                     transferred, as soon as possible, to day work for which
                                                               he is fit. A night worker who is recognized to be tempo-
                                                               rarily unfit for night work shall be afforded the same
                                                               compensation and the same protection as regards
                                                               dismissal and notice as that accorded to other workers
                                                               prevented from working on health grounds.
                           Article 9                                                  New Article 9
The employer who regularly uses night workers shall            Consultation and participation of workers and/or their
duly inform the authorities competent in matters of            representatives shall take place in accordance with
health and safety.                                             Article 11 of Directive 89/391/EEC on the matters
                                                               covered by this Directive. The employer who regularly
                                                               uses night workers shall duly inform the authorities
                                                               competent in matters of health and safety. He shall also
                                                               inform them when night workers work overtime.
                          Article 10                                                  New Article 10
Member States shall adopt the necessary measures to             Member States shall adopt the necessary measures to
ensure that night workers and rotating shift workers           ensure that night workers and rotating shift workers
shall have a level of protection with regard to health and     have a level of protection with regard to health and
safety commensurate with the nature of their work. The         safety commensurate with the nature of their work. The
employer shall ensure that protection and prevention           employer shall ensure that protection and prevention
facilities are available or accessible at all times.           facilities at least equivalent to those applicable to day
                                                               workers are available or accessible at all times.
                                             Articles 11 and remain unchanged
 ---pagebreak---  14.5.91                              Official Journal of the European Communities                            N o C 124/11
                     COMMISSION TEXT                                                  MODIFIED PROPOSAL
                        Article 13                                                     New Article 13
The provisions contained in this Directive shall be               1.   The provisions contained in this Directive shall be
without prejudice to other specific provisions taken by          without prejudice to other specific provisions taken by
the Community.                                                   the Community.
                                                                 2.    This Directive shall also be without prejudice to the
                                                                 Member States' right to apply or lay down laws, regu-
                                                                 lations or administrative provisions which are more
                                                                 favourable to the employed persons covered by this
                                                                 Directive.
                        Article 14                                                     New Article 14
Member States shall comply with this Directive by 31              1.   Member States shall comply with this Directive by
December 1992 at the latest, by bringing into force the          31 December 1992 at the latest, by bringing into force
laws, regulations or administrative provisions necessary         the laws, regulations or administrative provisions
or by ensuring that the two sides of industry establish the      necessary or by ensuring that the two sides of industry
necessary provisions through agreement, without                  establish the necessary provisions through agreement,
prejudice to the obligation on the Member States to              without prejudice to the obligation on the Member
achieve the results obtained by this Directive.                  States to achieve the results obtained by this Directive.
                                                                 2.    Member States shall, within a period of two years
                                                                 from the expiry of the period laid down in paragraph 1
                                                                 above, forward to the Commission all the information it
                                                                 requires to draw up a report, to be submitted to the
                                                                 Council and the European Parliament, on the implemen-
                                                                 tation of this Directive.
The provisions adopted by the Member States pursuant             3.    The provisions adopted by the Member States
to the first paragraph shall make reference to this              pursuant to the first paragraph shall make reference to
Directive.                                                       this Directive.
Member States shall forthwith inform the Commission of           4.    Member States shall forthwith           inform    the
the measures taken thereunder.                                   Commission of the measures taken thereunder.
                                               Article 15 remains unchanged