State of play, main conclusions, outlook

The Commission services have conducted a review of the Working Time Directive. As a result, the Commission adopted first an Implementation Report of the Directive in the Member States. The report has shown that there are concerns of persisting cases of non-conformity as well as lack of legal certainty which entail costs for workers (in terms of health and safety, productivity, work-life balance, etc.) but also to employers and public authorities.

Second, as a response to the problems identified, the Commission presented on 26 April 2017 an Interpretative Communication which clarifies the implications of the Working Time Directive in the light of case-law of European Court of Justice and provides guidance on how to interpret various aspects of this Directive taking into account the challenges arising from new working patterns and continuing to provide appropriate health and safety protection of workers, with due consideration to the objective of better reconciliation of work and private life.

By providing a clearer interpretation of the rules, the follow-up to the review was meant to allow alleviating administrative burden by clarifying the existing flexibility already available in the Directive and ensuring long-term legal certainty. Long-term legal certainty will reduce the need for successive changes to national, regional or local legal texts and work organisations.

Aiming at keeping and reinforcing a stable environment to stakeholders will help avoid major disruption of current legal and economic arrangements, and the ensuing contracts and practises.