The Commission’s original sin. The objective of the directives in 1993 and subsequently in 2003 was to protect the health and safety of workers. Since 1993, European legislation has established the maximum permitted weekly working time as 48 hours in Europe. Although this minimum standard enables the member states to envisage a more protective threshold for employees, it is also possible to opt out of it in a way that is less favourable for workers. Drafted as a transitional measure to enable the British to adapt their legislation, an “opt-out” clause authorises weekly working hours in excess of 48 hours, on condition that the employee gives their written consent. But even in 1993, it was planned to re-examine this opt-out system. However, this was not the only possible derogation. In fact, there are one or even two possible adjustments for every rule laid down; so much so that the text has been called the “gruyere directive”.
lation has established the maximum permitted weekly working time as 48 hours in Europe. Although this minimum standard enables the member states to envisage a more protective threshold for employees, it is also possible to opt out of it in a way that is less favourable for workers. Drafted as a transitional measure to enable the British to adapt their legislation, an “opt-out” clause authorises weekly working hours in excess of 48 hours, on condition that the employee gives their written consen
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