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EU proposes changes to working time directive
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     Some of the time that doctors spend on call in hospitals would not be considered part of their working week under draft legislation tabled by the European Commission. The proposed changes to the European Union抯 existing working time directive, which sets an average weekly maximum of 48 hours, have been largely prompted by two far reaching court judgments (BMJ 2000;321:918 and 2003;327:640).

    In both rulings the European Court of Justice stipulated that periods that health professionals spend at their place of employment had to be considered as working time, even if they were resting. The judges?verdicts had major implications for health services and prompted warnings that tens of thousands of extra medical staff would have to be recruited.

    The commission has now proposed that on-call time at the place of employment should be divided into two categories: "on-call time" and "inactive part of on-call time." Under the second category, when an individual is resting, sleeping, or generally inactive this would not be considered "working time" unless otherwise stipulated by national law or by a collective agreement. Only the hours spent actually working would be counted.

    The commission is also looking to introduce more flexibility into compensatory rest periods. The European Court of Justice ruled that these had to be taken immediately. Under the latest proposals they would be taken within 72 hours.

    Reactions to the proposed changes in the working time legislation have been mixed. The Department of Health has welcomed them. "We are very pleased with these proposals, especially with the split on on-call time. We have lobbied long and hard for this," said a spokeswoman.

    The British Medical Association is being more cautious. After examining the draft directive its Junior Doctors Committee believes it provides the basis for further negotiations.

    "We have agreed to explore options and to ask the commission to support collective agreements between national governments and social partners. We have reservations, but we are not rejecting it out of hand," explained Simon Eccles, the committee抯 chairman.

    However, the Standing Committee of European Doctors is taking a tougher line. Its president, Dr Bernhard Grewin, confirmed that the committee is sticking to the policy it agreed in March and is demanding that all on-call time be treated as work.

    The Dutch government, which is presiding over EU business until the end of the year, has made agreement on the draft legislation one of its top priorities. The European court抯 rulings are having severe repercussions, not just in the country抯 hospitals but also in other areas, notably care homes for elderly people and the fire services.

    The Dutch would like EU governments to reach a political consensus on the proposed changes before Christmas. Given the complexity of the legislation they are unlikely to meet this ambitious deadline, especially as there are major political disagreements over plans to restrict use of the current opt out clauses, which allow individuals to work longer than the current maximum 48 hour week.

    Even if the Dutch keep to their timetable the draft legislation must still be approved by the European parliament, making it unlikely that any changes would take effect before January 2006.(Brussels Rory Watson)