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Updated Jul 5, 2011

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Opt-in? Opt-out? Shake it all about. . .

The collapse of conciliation talks in Brussels this month mean that the UK will keep its opt-out from the EU Working Time Directive 2003/88/EC. As a result, UK employees will continue to be allowed to agree to work longer than an average 48-hour week.

Last December, the European Parliament had voted to abolish the opt-out clause over a three-year period, but a number of Member States, including the UK, opposed the move. Talks were held between MEPs, Government Ministers and the European Commission in an effort to broker a compromise deal. But discussions have ended without an agreement.

The latest round of negotiations failed to find a way of meeting the demands of MEPs for a timetable for the scrapping of the opt-out and an offer from Member State Governments of an absolute limit of 65 hours a week in return for the right of employees to work more than 48 hours. However, with European Elections looming in June there was little scope left for further talks and the opt-out stays in place.

Pat McFadden, the Employment Relations Minister said, "We refused to be pushed into a bad deal for Britain. We have said consistently that we will not give up the opt-out and we have delivered on that pledge. Everyone has the right to basic protections surrounding the hours that they work, but it is also important that they have the right to choose those hours. In the UK, choice over working hours has operated successfully for many years. The current economic climate makes it more important than ever that people continue to have the right to put more money in their pockets by working longer hours if they choose to do so."


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