Comparative Labour Law
Lecture 5
Part 1 – Europe
Working time and health and safety at work has been the first thing regulated in EU labour law
- Long working days
- Hardly resting periods
- No occupational health and safety measures
- 1993; important directive issued by EU on working time
o 20 directives have been issued on health and safety
Working Time
History
● 19th century; French revolution had wiped out a lot of working regulations
● Large demonstrations for an 8-hour work day
● First restrictions before 1918
● Finally, 8-hour work day; however 🡪 1918/1919 resulted in 48 hours week in many countries +
ILO so 6-day work week
● 1930’s; high employment and rise of dictatorship 🡪 revised working time rules
● Golden 1960’s brought prosperity
● Free Saturday arrived
● 🡪 After 1960 further reductions notably by collective agreements; didn’t impact collective
agreements
● After 1980: drive for flexibilization and shorter working weeks to increase employment
● 1993: EU Directive
o On organisation of working time
o Updated in 2003
o Only partially produced harmonized minimum protection of working times all over
EU
▪ Allows member states write margins of discretion
● In some countries, such as DE and NL and at EU level, the lawmakers only want to serve with
48 hours maximum the interest of health and safety
● In other countries, such as FR and BE, the lawmakers want to express with a 35- or 40-hours
week the interest of employment and pay standards
o See syllabus for details
o This difference has consequences for the way overtime is regulated
Working time laws also give attention to other subjects
● Traditionally in most European countries, and now also in the EU Directive there is statutory
law about:
o Length working day/working week, 🡪 many countries have 8 hrs a day, while some
even have 13 hrs a day
o Minimum intervals,
o Rest periods
o Night work
o Shift work,
o Sunday work, etc.
▪ Has weakened in recent years
, EU rules leave room for deviating provisions made in collective provisions between trade unions and
working councils even if they deviate in pius
The Netherlands was innovative in 1990’s; workers got rights to change working times from full time
to part time; employer can only refuse on weighty cause
Recent innovations:
NL / EU : a workers’ right to ask for changes to part time work and back.
NL: a workers’ right to ask for changes in work schedules
FR: a workers’ right to be disconnected outside working hours
Holidays with Pay
A right to holidays with pay didn’t exist at first
⮚ Relevant provision offered maximum entitlement for 2 weeks of paid vacation per year
⮚ At present, most employees are entitled to 5 or more weeks of paid vacation per year
o Legal minimum has also been raised to a minimum of 4 weeks
o Many workers have a higher minimum through their c.a.
o Who has the right to determine the time of paid leave?
▪ EU isn’t clear about this; only states a minimum of 4 weeks and that this
minimum may not be replaced by pay in money unless this is agreed on
earlier
A. National statutes and collective agreements give
a. Minimum x weeks paid holidays and
b. Rules for the realisation of this claim.
B. The EU Directive Working Time gives
a. Minimum 4 weeks paid holidays and
b. Almost no rules for the realisation of this claim.
C. The CJEU judgments give increasingly rules on the realisation of this claim
a. Several rulings
i. Holidays and illness
ii. How to calculate pay during holidays
Further aspects:
A. Bank holidays
a. Regulated sometimes in statues, sometimes in collective agreements or in
accordance with customs and practices
b. No EU rules on this item
c. Weeks on holidays cost more money than weeks at work; so there’s extra payment
established; holiday allowance which often amounts to a month salary. However its
not stated in EU rules
B. Holiday allowances
a. In national statutes or
b. In collective agreements
c. Not in EU rules!!!
d. Weeks on holidays cost more money than weeks at work; so there’s extra payment
established; holiday allowance which often amounts to a month salary. However its
not stated in EU rules
Leave regulations
Besides holiday with pay, various other ways of leave were developed
⮚ In all European countries there is now an increasing number of leave regulations. Examples:
Lecture 5
Part 1 – Europe
Working time and health and safety at work has been the first thing regulated in EU labour law
- Long working days
- Hardly resting periods
- No occupational health and safety measures
- 1993; important directive issued by EU on working time
o 20 directives have been issued on health and safety
Working Time
History
● 19th century; French revolution had wiped out a lot of working regulations
● Large demonstrations for an 8-hour work day
● First restrictions before 1918
● Finally, 8-hour work day; however 🡪 1918/1919 resulted in 48 hours week in many countries +
ILO so 6-day work week
● 1930’s; high employment and rise of dictatorship 🡪 revised working time rules
● Golden 1960’s brought prosperity
● Free Saturday arrived
● 🡪 After 1960 further reductions notably by collective agreements; didn’t impact collective
agreements
● After 1980: drive for flexibilization and shorter working weeks to increase employment
● 1993: EU Directive
o On organisation of working time
o Updated in 2003
o Only partially produced harmonized minimum protection of working times all over
EU
▪ Allows member states write margins of discretion
● In some countries, such as DE and NL and at EU level, the lawmakers only want to serve with
48 hours maximum the interest of health and safety
● In other countries, such as FR and BE, the lawmakers want to express with a 35- or 40-hours
week the interest of employment and pay standards
o See syllabus for details
o This difference has consequences for the way overtime is regulated
Working time laws also give attention to other subjects
● Traditionally in most European countries, and now also in the EU Directive there is statutory
law about:
o Length working day/working week, 🡪 many countries have 8 hrs a day, while some
even have 13 hrs a day
o Minimum intervals,
o Rest periods
o Night work
o Shift work,
o Sunday work, etc.
▪ Has weakened in recent years
, EU rules leave room for deviating provisions made in collective provisions between trade unions and
working councils even if they deviate in pius
The Netherlands was innovative in 1990’s; workers got rights to change working times from full time
to part time; employer can only refuse on weighty cause
Recent innovations:
NL / EU : a workers’ right to ask for changes to part time work and back.
NL: a workers’ right to ask for changes in work schedules
FR: a workers’ right to be disconnected outside working hours
Holidays with Pay
A right to holidays with pay didn’t exist at first
⮚ Relevant provision offered maximum entitlement for 2 weeks of paid vacation per year
⮚ At present, most employees are entitled to 5 or more weeks of paid vacation per year
o Legal minimum has also been raised to a minimum of 4 weeks
o Many workers have a higher minimum through their c.a.
o Who has the right to determine the time of paid leave?
▪ EU isn’t clear about this; only states a minimum of 4 weeks and that this
minimum may not be replaced by pay in money unless this is agreed on
earlier
A. National statutes and collective agreements give
a. Minimum x weeks paid holidays and
b. Rules for the realisation of this claim.
B. The EU Directive Working Time gives
a. Minimum 4 weeks paid holidays and
b. Almost no rules for the realisation of this claim.
C. The CJEU judgments give increasingly rules on the realisation of this claim
a. Several rulings
i. Holidays and illness
ii. How to calculate pay during holidays
Further aspects:
A. Bank holidays
a. Regulated sometimes in statues, sometimes in collective agreements or in
accordance with customs and practices
b. No EU rules on this item
c. Weeks on holidays cost more money than weeks at work; so there’s extra payment
established; holiday allowance which often amounts to a month salary. However its
not stated in EU rules
B. Holiday allowances
a. In national statutes or
b. In collective agreements
c. Not in EU rules!!!
d. Weeks on holidays cost more money than weeks at work; so there’s extra payment
established; holiday allowance which often amounts to a month salary. However its
not stated in EU rules
Leave regulations
Besides holiday with pay, various other ways of leave were developed
⮚ In all European countries there is now an increasing number of leave regulations. Examples:
