THE YOUNG WORKERS DIRECTIVE: EFFECTS OF
THE TRANSITIONAL PERIOD GRANTED TO THE UK
(21537)
10775/00
COM(00) 457
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Commission Report on the effects of the transitional period granted to
the UK concerning certain provisions of Council Directive 94/33/EC on
the protection of young people at work.
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| Legal base:
| — |
| |
| Document originated:
| 20 July 2000 |
| Forwarded to the Council:
| 24 July 2000 |
| Deposited in Parliament:
| 5 September 2000 |
| Department: |
Trade and Industry |
| Basis of consideration:
| EM of 2 October 2000 |
| Previous Committee Report:
| None; but see (14374) 4690/93: HC 48-xi (1993-94), paragraph 2 (9 March 1994)
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| To be discussed in Council:
| Not applicable |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Cleared |
Background
24.1 When Council Directive 94/33/EC (the Young
Workers Directive or YWD) was adopted in 1994[59],
the UK was granted a transitional period of four years from the
date of implementation in relation to certain provisions. These
concerned adolescent workers — those above minimum school
leaving age but under 18 — for whom the Directive restricted
working time to eight hours a day and 40 hours a week, and did
not normally allow night work between the hours of either 10pm-6am
or 11pm-7am.
24.2 The Commission was required to submit a
report on the effects of the transitional period, which ended
on 22 June 2000. The Council could agree to extend the exemption.
The Commission Report
24.3 The Commission employed an independent expert
to discuss the application of the transitional period in the UK
with both sides of industry. It summarises the two views as follows:
"Employers favour the
transitional period because it increases the employment opportunities
for young persons whereas the trade unions are opposed to the
transitional period because it perpetuates a risk to young person's
health, education and welfare."
24.4 The report continues:
"No evidence was provided
by either side of industry that employment opportunities for young
people were affected by the non-implementing of the relevant provisions
of the Directive. Furthermore, it is significant that there appears
to be no statistical data to support the argument that the removal
in 1989 of the control on the hours of work of persons between
the ages of 16 and 18 increased the employment opportunities of
such persons."
24.5 The Commission concludes that the transitional
period was sufficient and the UK must ensure the full implementation
of the YWD. It points out that flexibility is provided for in
the Directive through possibilities for derogation.
The Government's view
24.6 The Minister for Competitiveness (Mr Johnson)
says:
"The Government does
not contest the findings of the report. Taking into account the
extremely poor prospects for securing the agreement of other Member
States to extend the transitional period (a qualified majority
in the Council would have been needed), and the small number of
the working population affected, the UK has not sought to extend
the transitional period."
24.7 The Minister further informs us that amendments
to the Working Time Regulations will be required. The Government
will shortly undertake a full public consultation on the proposed
amending Statutory Instrument. No precise timetable is possible
at present.
Conclusion
24.8 We thank the Minister for informing us
about the Government's plans in the light of this Commission report.
We clear the document.
59 (14374) 4690/93; see headnotes to this paragraph. Back
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