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 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”.
An urgent need for revision. In 2003, the revision became even more necessary, as the opt-out had resulted in numerous abuses in Britain: a Commission report revealed that 16% of the workforce here worked for more than 48 hours, and written consent from the employee was only rarely registered.