EU directive on working hours could produce negative effects

LEGISLATION due to go through the Oireachtas in November will have a negative effect on craft industries such as bakers and confectioners, as well as the manned security industry, according to spokesmen.

Mr Chris Kenny, president of the Flour, Confectioners and Bakers Association, said representations it had made to the Department of Enterprise and Employment, for an opt out clause in the legislation, did not seem to have had any success.

Mr Jim Curran, of the Irish Small and Medium sized Enterprises association, ISME, who has met Department officials on behalf of the security industry, said the law would drive more workers in that industry into the black economy.

An EU directive on maximum working hours is to be introduced into domestic law by the end of November. The Bill will be published in late September, said a spokesman for the Department.

The new law will establish a maximum working week of 48 hours, with exceptions only for family workers, workers at sea, doctors in training, and the transport sector. The Department says that 6 per cent to 7 per cent of all employees are likely to be affected by the provision.

The law will also establish an annual minimum of 20 days holiday, a minimum II hours rest per 24 hour period, a rest break when six hours work have passed, a minimum uninterrupted 24 hour rest period per week, and a maximum of eight hours night work in any 24 hour period.

The Minister of State or Labour Affairs, Ms Eithne Fitzgerald, is overseeing the implementation of the directive.

"The perception in the Department is that this legislation is pro employee, but it is mistaken," said Mr Kenny. "We're awaiting a response to our submission from the Department but, given that the Minister is a Labour minister, I don't imagine it is going to be favourable."

Mr Kenny, who is managing director of Tea Time Express, said bakery employees normally worked a 48 hour, six day week.

During particularly busy periods, such as Christmas, the number of hours worked in a week would exceed 48. "People are paid overtime for working extra hours. But because everyone on the crew has special skills, you can't hire in a whole new crew to work just on Saturdays.

"This law is going to make it difficult for craft businesses to remain in business," Mr Kenny said.

For the manned security industry, Mr Curran said the 6,000 people employed worked an average of 60 hours per week. Because of the low hourly rates of pay "employees say they can't live on what 48 hours would pay them". The new law would not have the effect of raising the hourly rates in the industry, but would instead drive people into the black economy.

A spokesman for the Department confirmed that an opt out clause, where an individual can agree with management not to comply with the relevant conditions, will not be included in the legislation, even though it exists in the directive.

Other EU countries would allow for this clause but they already had laws covering maximum working hours, he said.