STATISTICS AND NEWS Bulletin Européen d’études européennes sur le Temps Bulletin für europäische Zeitstudien Number 9, 1996 Bulletin of European Studies on Time ISSN 1017-4885 BEST European Foundation for the Improvement of Living and Working Conditions Available in English, French and German Best Master 30/3/00 9:41 pm Page 75 Best Master 30/3/00 9:41 pm Page 1 European Foundation for the Improvement of Living and Working Conditions STATISTICS AND NEWS edited by Alexander Wedderburn Edinburgh, Scotland Bulletin of European Studies on Time Bulletin Européen d’études européennes sur le Temps Bulletin für europäische Zeitstudien EF/96/22/EN Best Master 30/3/00 9:41 pm Page 2 Original Language: English Luxembourg: Office for Official Publications of the European Communities, 1996 ISSN 1017-4877 Any items included in a BEST Bulletin may be reproduced without further permission if the source is acknowledged. If you wish to receive either individual contributions or more copies of BEST please write to the Foundation. Printed in Ireland EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS Loughlinstown, Dublin 18, Ireland Tel: (+353) 1 204 3100 Fax: (+353) 1 282 6456 Best Master 30/3/00 9:41 pm Page 3 Contents CHAPTER 1 : INTRODUCTION The economic scenario Flexibility and pluriformity The European directive on the organisation of working time What does the directive require? (1) The basic rights (2) The exceptions (3) The outcome in practice New research on shiftwork 8 CHAPTER 2 : PREPARING FOR CHANGES IN THE LAW Draft of the new German law on working hours New law in the Netherlands on working hours New legislative conditions governing working time in France Parental leave in the Netherlands 12 CHAPTER 3 : TRENDS IN GENERAL HOURS OF WORK Usual weekly hours in Europe (1) United Kingdom Overtime : the trend over the years in the UK Flexibility in the workforce in the UK Flexible working hours (flexitime) Annualised hours Term-time working Job-sharing Compressed working weeks Usual weekly hours in Europe (2) France Flexitime Time checks – “clocking in” Flexiweeks The state of collective negotiations in companies Part-time work : new divisional agreements New formulas: part-time work matching the school year Usual weekly hours in Europe (3) Germany Shorter hours Flexitime Weekend working Reduced (4-day) working weeks Developments in flexible working time arrangements Usual weekly hours in Europe (4) The Netherlands Employees’ preference and actual working hours situation Usual weekly hours in Europe (5) Italy The debate on the reduction of working hours The present situation Flexibility Usual weekly hours in Europe (6) Belgium 17 CHAPTER 4 : DEVELOPMENTS IN SHIFTWORK Shiftwork in the Netherlands Types of shiftwork in the Netherlands Shiftwork in France 30 3 Best Master 30/3/00 9:41 pm Page 4 Women on nightwork in French industry (from Gadbois, 1994) Shiftwork in Belgium (from Léonard 1994) Extended work week with longer shifts : General Motors Antwerp Shiftwork in the United Kingdom Changes in patterns of shiftwork More and fewer 12-hour shifts Good and bad firms Traditional patterns Conclusion 4 CHAPTER 5 : COLLECTIVE AGREEMENTS (CLAs) CLAs and working hours : Netherlands (from Van Hilst & Jansen, 1994) Working hours on a weekly and annual basis : Netherlands Working hours on a lifetime basis CLAs and early retirement “Solidarity contracts” : Italy (from Costa, 1994) Flexibility of working hours Some examples of agreements on working time recently registered in various work sectors in Italy Banks Chemical Railway Radio-TV broadcasting Tourism Volkswagen negotiations in 1995 39 CHAPTER 6 : PRACTICAL EXAMPLES OF NEW SYSTEMS Practical flexible arrangements in Germany (from Knauth & Hornberger, 1994) Flexible working time in the metal industry (in NorthWuerttemberg and North Baden) The intra-mural care sector in the Netherlands (from Van Hilst & Jansen, 1994) •The equalisation of similar work •Changes in the provision of care Holland Casinos (from Van Hilst & Jansen, 1994) Experimental use of new shiftwork concepts in the car industry : France (from Gadbois 1994) A third crew in a car manufacturing plant: partial nightshift at Renault-Flins Four 10-hour shifts: two alternating 10-hour shifts four days a week, abandoned by the Peugeot-Poissy car production plant Experiments with a reduction of worktime in Belgium (from Léonard 1994) Telework and tele-learning (from Léonard 1994) ABB’s experience of telecommuting Home-based translators at Janssen Pharmaceutica Teleworking references Telelearning 45 CHAPTER 7 : SOCIAL ISSUES Action for women in Italy (from Costa 1994) The governmental social project : Belgium (from Léonard 1994) Example : GAN insurance 54 Best Master 30/3/00 9:41 pm Page 5 CHAPTER 8 : RESEARCH AND DEVELOPMENT Diskus Classification: Lowering the barriers in planning problems (from Van Hilst & Jansen, 1994) Allowances paid and inconvenience experienced – Balance between workload and compensation Quality of life and quality of sleep in two different organisational modes Shiftwork depends on the individual’s situation 57 References: Appendix A: The final text of the European Directive on the organisation of working time Appendix B : Full text of Table 3.1 : Employees’ total usual weekly hours : peaks 1990† Appendix C : Diskus Classification: Lowering the Barriers in Planning Problems (from Van Hilst & Jansen 1994) 60 62 70 71 5 Best Master 30/3/00 9:41 pm Page 6 List of Tables Table 2.1 : Norms for standard and consultational ruling (bill) Table 3.1 : Employees’ usual weekly hours: peaks 1990† Table 3.2 : Percentage of employees working less than 16 and more than 48 hours a week Table 3.3 : Traditional and flexible workforce (UK 1993) Table 3.4 : Working hours patterns by sex and full/part-time status (UK 1993) Table 3.5 : Subjects of agreements on working time in France Table 3.6 : Agreed working hours v. desired working hours 1992 : Netherlands Table 3.7 : Possible interventions in working hours Table 4.1 : Numbers of people involved in shiftwork: Netherlands Table 4.2 : Men and women in irregular shiftwork from 1989 to 1991 : Netherlands Table 4.3 : Percentage of men/women with irregular shifts in each commercial sector Table 4.4 : Numbers of men and women per type of shift Table 4.5 : Percentage of men/women in shiftwork in different branches of industry Table 4.6 : Shiftwork by occupational group by gender : UK 1993 Table 4.7 : Shiftworking by industry division by gender : UK 1993 Table 4.8 : Prevalence of shiftworking by size of workplace : UK 1993 Table 4.9 : Percentage of shiftworkers by age groups : UK 1987 Table 5.1 : Average working hours during the period 1990-1992 : Netherlands Table 5.2 : Average early retirement age from 1985-1992 : Netherlands Table 5.3 : Solidarity contracts in the textile sector : Italy 6 14 17 18 20 22 23 26 29 30 30 31 31 32 35 35 36 37 39 40 42 Best Master 30/3/00 9:41 pm Page 7 List of Figures Figure 3.1 : Percentage of employees working less than 16 and more than 48 hours a week (Europe 1990) Figure 3.2 : Per cent working overtime (UK: 1977-1993) Figure 3.3 : Average hours of overtime worked per operative (UK: 1977-1993) Figure 4.1 : Growth of shiftwork in manufacturing (UK 1973-1989) Figure 4.2 : Shiftwork by age (UK 1987) Figure 6.1 : Shift modules in the German car industry Figure 6.2 : Customer-oriented shift system in the airport office of a travel agency 18 19 19 36 37 45 46 7 Best Master 30/3/00 9:41 pm Page 8 Chapter 1: INTRODUCTION This issue of BEST gives an update on news and statistics on working time, following on from BEST 6, which had the same aim in 1993. This introduction sketches a background of the economic scenario, the introduction of the long-awaited directive on working time, and a mention of recent activity in the international research world. The economic scenario The opening of the 1990s has been a time of the deepest and most prolonged world economic recession since the 1930s, happening in different countries with slightly different timings and depths, but generally darkening the picture of all economic activity. Growth rates in industrial production have been down, and unemployment has been higher. Some recovery began in 1994 and 1995, but at different speeds in different places, and in different sectors of the economy. One consequence of a period like this is that there is less pressure for a shortening in the standard working week. That is something that tends to occur in waves, and more at times of economic boom. However, reforming pressures are still at work, and indeed some of them become more acute when organisations want to ensure that their operational time is as effectively deployed as possible. So there have been many interesting developments, as this issue can illustrate. “Constraints on costs have led to the consideration of new ways, which seemed impossible to achieve in the past. The government of Bavaria has for instance decided to prolong the weekly working time of all its civil servants to 40 hours per week without increasing their salaries. Some companies have decided to introduce part-time work for all workers to avoid dismissals” (Knauth and Hornberger, 1993). Flexibility and pluriformity Van Hilst and Jansen (1994) report that “against a background of increasing competition, diminishing operating profits, redundancies and business closures, the call for structural changes in the labour market and in working conditions has become increasingly urgent. A significant moment in this respect came in the autumn of 1993 when employers and employees arrived at a central agreement on ‘structural alterations’ within the Dutch economy. Employers in particular were quick to allude to this agreement in terms such as ‘cheaper’ and ‘more flexible’. A more varied pattern of working hours, extended employment times and extended business hours were put forward as examples of change. “The topicality of working hours also featured in the discussions on early retirement and flexible pension arrangements in connection, among other things, with the interests of older employees. Arguments were put forward from a number of different angles for a greater and more differentiated use of employees over the age of 55. “A third point which is an eternal ‘hot issue’ is part-time work. The Central Bureau for Statistics (CBS) calculated that there was an increase of 660,000 8 Best Master 30/3/00 9:41 pm Page 9 jobs in the Netherlands between 1987 and 1992, of which 350,000 – more than half – were part-time. “In the summer of 1993, employers and employees in the Joint Industrial Labour Council agreed that a conditional right to part-time work would be included in their regulations. Two reasons for this agreement are as follows: 1. A large number of existing full-time workers aspire to a part-time job. Research by the Organisation for Strategic Labour Market Studies shows that this trend will continue. 2. It is felt that an active part-time policy can have a substantial effect on job availability.” The European directive on the organisation of working time This long-awaited directive was finally approved by the Council on 23 November 1993, and is known officially as Council Directive 93/104/EC, published in the Official Journal on 13 December 1993. The full text is reproduced in Appendix A. It was approved by a majority under Article 118a of the Treaty of Rome, which deals with health and safety. The UK government, arguing that it is more of a social measure, and so should have required unanimous approval, has not accepted it, and will argue the case at the European Court. This will be an important hearing, both for the impact of the decision as well as for airing arguments about the scientific evidence on whether restrictions on working hours can be effective for improving health and safety. Indeed, there have been some doubts expressed about the need for its implementation in other countries if the UK government wins the case. This may be a wholly theoretical argument in many countries, as their law in this area was ripe for reform anyway, and has been given a clear impetus by the new directive. What does the directive require? (1) The basic rights The core provisions of the directive are simple and clear: • • • • • • • • • • • A minimum daily rest period of 11 consecutive hours in 24 A rest break if the working day is longer than 6 hours One 35-hour period off every 7 days: i.e. 24 hours + 11 hours Maximum working hours of 48 per week Four weeks paid annual leave a year Average 8 hours in 24 for night workers Maximum 8 hours for night workers in hazardous or physically or mentally straining jobs Health assessment for night workers before starting and at regular intervals Transfer for night workers suffering from relevant health problems Appropriate safety and health protection for night and shift workers Protection and prevention services and facilities for safety and health for night and shift workers equivalent to other times. (2) The exceptions This basic framework is then extensively qualified by: 1. reference periods, i.e. time periods over which the limits in the directive must, on average, be achieved. These are essentially 14 days for the 9 Best Master 30/3/00 9:41 pm Page 10 weekly rest period, 4 months for maximum weekly working time, and, for length of night work, “a reference period defined after consultation of the two sides of industry or by collective agreements or agreement concluded between the two sides of industry at national or regional level.” 2. derogations, or permissible exceptions, which appear to apply to almost everything except the health checks and the provision of safety and health facilities, on a wide variety of grounds related to jobs (e.g. security guards), industries (e.g. press, radio, television), or circumstances (e.g. “each time the worker changes shift and cannot take daily and/or weekly rest periods between the end of one shift and the start of the next one”). 3. delays. Not only is there a 3-year period for the introduction of national laws, but some of the provisions (e.g. 4 weeks’ paid annual holiday leave) can be further delayed up to 1999. Clearly the framework that has been established is an important step in setting common minimum standards in the organisation of working time. Some of the provisions, such as the initial and regular health assessment in Article 9, are not uncontroversial, because they will cost real money (and incidentally lay the foundation for much clearer long-term tracking of the medical effects of shiftwork, as is now done widely by audiometry services for hearing loss). This does not appear to be subject to any derogations. (3) The outcome in practice In many European countries, the directive has been a stimulus for the revision of existing national laws. This is important because what the directive ultimately means in practice will become clearer as these national laws are finally formulated and implemented, as relevant collective agreements are negotiated, and then as case law is developed by appeals to the European Court. Chapter 2 explains how the early stages of this process were developing in some of the countries of the European Union in 1993. New research on shiftwork Research on many different aspects of shiftwork continues at an increasing rate all over the world, and it can be extremely difficult for a practitioner to keep abreast with it, as it tends to be published in a wide variety of journals. One international focus for research is the series of international symposia on night- and shiftwork, organised by the scientific committee on shiftwork of the International Commission on Occupational Health. These have been normally held every two years since 1969, and the most recent ones were the XIth in early 1994 in Melbourne, Australia, and the XIIth in June 1995 in Connecticut, USA. The best of the 1994 papers from the XIth symposium were published in a special double edition of the journal “Work and Stress”, volume 9, nos. 2 and 3 (1995). A book of one-page summaries of the 120 papers from the XIIth symposium was published in May 1995, as a special edition of the Shiftwork International Newsletter. Some spare copies are still available for US$50 from the organiser of the symposium: 10 Best Master 30/3/00 9:41 pm Page 11 Professor Don I. Tepas Department of Psychology University of Connecticut Box U-20, 406 Babbidge Road Storrs, CT 06269-1020 USA The Shiftwork International Newsletter is obtainable for an annual subscription of US$30 from its editor: Dr Timothy H. Monk Western Psychiatric Institute 3811 O’Hara Street Pittsburgh, PA 15213 USA It frequently contains a listing of recent research from the many journals in which the research reports appear, which can be difficult for researchers and practitioners to find. 11 Best Master 30/3/00 9:41 pm Page 12 Chapter 2: PREPARING FOR CHANGES IN THE LAW Draft of the new German law on working hours In Germany, a new law on working hours was finally passed in early 1995, but its development was still in process when Knauth and Hornberger wrote their commentary. This report is retained below as it was written then, as this is a social description of how the legal framework was changing, rather than a technical description of the latest legal position. “The old law on working time (‘Arbeitszeitordnung’, or AZO) was created in 1938. A new law on working time has been developed for the following reasons: Certain paragraphs of the old ‘AZO’ are not compatible with the basic constitutional law (e.g. the prohibition of nightwork for women); working time on Sundays and holidays is regulated in another law (‘Gewerbeordnung’); certain paragraphs in the law on working time in the eastern part of Germany differ from the version used in West Germany; and the old law allows only a limited scope for negotiations between the employers’ federations and the unions. “The new draft mainly deviates from the old working time law in the following ways: A. Daily working time and rest periods between shifts without work (§§ 3-8) – Prolongation of daily working time up to 10 hours per day only, if an average of 8 hours per day is reached within 6 months (or 24 weeks) – Breaks for men and women: • at least 30 minutes in connection with 6-9 hours’ work per day; • at least 45 minutes in connection with more than 9 hours’ work per day – Definitions of night-time (23.00 – 06.00), nightwork (more than 2 hours during the night) and nightworker (regular nightwork in alternating shift systems or nightwork on 48 days per year) – Nightwork is no longer prohibited for women – Working time for night- and shiftworkers should be designed according to proven ergonomic knowledge – Prolongation of the daily working time of nightworkers up to 10 hours per day only, if on average 8 hours/day are reached within 1 month (or 4 weeks) – Nightworkers are entitled to medical examinations before starting nightwork and to further examinations at intervals of three years, and every year for those over 50 – Duty of the employer to enable nightworkers, who are ill or who have to take care of children (< 12 years) or relatives in need of great care and attention, to change to a working place with daywork, if internal company requirements so permit – Several deviations from the planned law are possible, if the employers’ federations and unions come to an agreement (e. g. concerning daily working times > 10 hours, breaks shorter than 30 minutes, shortening of the rest period between two shifts). 12 Best Master 30/3/00 9:41 pm Page 13 B. Work on Sundays and bank holidays (§§ 9-13) – the regulations concerning exceptions from the general prohibition of work on Sundays and bank holidays are extended with regard to several aspects. Two examples illustrate this: 1) Production workers may work on Sundays and bank holidays, if an interruption in production would require more workers for maintenance, cleaning and so on 2) The supervisory authority has to permit work on Sundays and bank holidays, if competitiveness in comparison with foreign countries is affected and if employment can be secured by work on Sundays and bank holidays – one Sunday per month has to be free of work – several deviations from the planned law are possible, if the employers’ federations and the unions come to an agreement (e.g. concerning free Sundays or daily working time on Sundays)” (Knauth and Hornberger, 1993). New law in the Netherlands on working hours Van Hilst and Jansen (1994) included in their report a commentary on the development of the new law on working hours in the Netherlands. As in Germany, the opportunity was being taken to make other reforms to old laws, as well as taking account of the European Directive. “For some time now, consultations have been in progress about replacing the Factories Act 1919 with the new Law on Working Hours (ATW). In 1989 the National Economic Development Council was asked to advise on proposals for this law. In 1992, the Council – composed of representatives of employers’ and employees’ organisations as well as independent members – gave very divided advice to the Secretary of State for Social Affairs in a number of areas, including deviant work and break regulations. Faced with this conflicting advice, the Ministry of Social Affairs had to judge the different interests. At the same time, socio-economic and social developments were demanding more prominent attention in constructing the new Law on Working Hours. These developments consisted of a need for flexibility and pluriformity, deregulation and individualisation. The Council Directive 93/104/EC of 23 November 1993 on the organisation of working time contributed on a European level to the further construction of the ATW. “In making the final proposal, due to the developments outlined, the government did not simply strike the average of different norms as these were proposed by the employees’ and employers’ organisations and independent members (a ‘random compromise’). Instead, the government made a proposal based more on rational choices, which were derived from the primary objective of the bill – ‘the protection of safety, health and welfare in relation to working hours and breaks’ – and some other considerations, such as: • • • • • • • leaving more room for social partners to put in their own ideas; meeting the notions of modern employee participation principles; harmonizing with government policy on the emancipation of women; meeting the wish for more flexibility; not interfering with participation in social life; adapting to the economic functioning of the company; and accomplishing a minimum of administrative obligations. 13 Best Master 30/3/00 9:41 pm Page 14 Table 2.1 : Norms for standard and consultational ruling (bill) Norms: employees over 18 years resting time *weekly rest *daily rest *Sunday rest working time (structural) *working time per shift *working time per week *working time per 4 weeks *working time per 13 weeks supplementary rules for nightshifts (work that falls wholly or partly between 00.00 and 06.00) *rest after a nightshift which ends after 0200 *rest after a series of 3 or more successive night shifts *working time per NS *working time per 13 weeks *number of nightshifts Standard ruling Consultational ruling *either min. 36 hrs in each period of 7x24 hrs, or min. 60 hrs in each period of 9x24 hrs (1 min. rest of 32 hrs allowed per 5 wks.) *min.11 hrs in each period of 24 hrs (1 min. rest of 8 hrs allowed per 7x24 hrs) *min. 4 free Sundays per 13 wks. Work on Sunday is only allowed when necessary *either min. 36 hrs in each period of 7x24 hrs, or min. 60 hrs in each period of 9x24 hrs (1 min. rest of 32 hrs allowed per 5 wks.) *min.11 hrs in each period of 24 hrs (1 min. rest of 8 hrs allowed per 7x24 hrs. ) *min. 13 free Sundays per 52 weeks. Work on Sunday is only allowed when necessary *max. 9 hours *max. 45 hours *— *max. 520 hours (av. 40 hrs p/w) *max. 10 hours * — *max. 200 hrs (av.50 hrs p/w) *max. 585 hrs (av.45 hrs p/w) *min. 14 hours *min. 14 hours (1 min. rest of 8 hrs allowed per 7x24 hrs.) *min. 48 hours *min. 48 hours *max. 8 hours *max. 520 hours (av 40 hrs p/w) *max. 10 shifts per 4 wks and 25 shifts per 13 wks (max. 16 per 4 wks if the nightshifts end before or at 02.00) *max. 5 shifts (max. 6 if the nightshifts end before or at 02.00) *max. 9 hours *max. 520 hrs (av. 40 hrs p/w) *max. 28 shifts per 13 wks (max. 52 per 13 wks if the nightshifts end before or at 02.00) *max. 11 hours *max. 54 hours *max. 585 hours (av. 45 hours p/w) *max. 12 hours *max. 60 hours *max. 624 hours (av. 48 hours p/w) supplementary rules for overtime in nightshift *max. 10 hours *working time per NS *max. 520 hours (av. 40 hours *working time per 13 weeks p/w) *max. 11 hours *max. 520 hours (av. 40 hours p/w) *number of consecutive nightshifts in a series overtime (incidental) *working time per shift *working time per week *working time per 13 weeks break *working time > 5.5 hours *working time > 8 hours *working time > 10 hours *min. 30 minutes continuous *min. 45 minutes, of which 30 minutes must be continuous *min. 60 minutes, of which 30 minutes must be continuous *max. 7 shifts *30 minutes, to be split in 2x15 minutes *30 minutes, to be split in 2x15 minutes *30 minutes, to be split in 2x15 minutes Note: av= average; p/w = per week; NS = nightshift. “The scheme in Table 2.1 presents a summary with norms on working time and breaks in the new law. Besides a structure of standard legal norms, the new law will provide a fabric of broader norms on work and breaks (the socalled consultational ruling). Within these broader norms, labour organisations can implement working patterns that fall outside the standard 14 Best Master 30/3/00 9:41 pm Page 15 norms, on condition that agreement has been reached via collective consultation (for example, via negotiations with collective bargaining bodies). “A first analysis of the bill makes it clear that the government has left substantial space for the social partners. Employers are given substantial space for realising their desired developments in working and business hours; for the employees, in particular concerning physical aspects, the necessary protection is built in. “The ATW was enacted on 1 January 1996. However, a transition period has been established until 1 January 1997, as collective bargaining agreements between trade unions and employers or employers’ associations are still in force during part of 1996. All new collective agreements must comply with the new norms of the ATW. Existing collective agreements ending after January 1997 must be amended accordingly by the trade unions and/or work councils and the employers or employers’ associations. Exceptions to the ATW are (1) the transportation sector (e.g. trucks, coaches) and (2) the public health service.” New legislative conditions governing working time in France In France, some changes in the law on working time were already in progress – which is not surprising in view of the number of years that the European Directive in various forms has been on the horizon. Gadbois (1994) gave an account of this development. “A new five-year law on employment and professional training, passed in France on 20 December 1993, included several measures relating to working time. These measures relate principally to the concept of the flexible work year (flexiyear) combined with a reduction in its length. Their aim is twofold: to increase flexibility in the organisation and operation of companies, and to promote the taking on of employees and combat unemployment. “Since the passing of a law in 1987, weekly hours (which cannot, on average, exceed certain limits) can be varied over part or all of the year. The new law creates the basis for a novel flexiyear concept through introduction of more flexible procedures. This can be achieved through agreements negotiated by company divisions, professions or companies. The agreement will set the extent of reduction in yearly hours and the methods of distribution of working time over the year and a reference average working week. The upper limits for a working day (10 h) and week (48 h for one week, and 46 h on average over 12 consecutive weeks) are set by law. Hours worked in excess of the reference working week are compensated by increased salary or by carrying over credit hours. “A framework is provided to encourage negotiated reductions in working time: the state provides public aid for three years in the form of partial compensation for company social security contributions, on the basis of an agreement between company and government. This aid is contingent on a reduction in working time of at least 15% and the taking on within six months of new staff equivalent to at least 10% of the company’s mean annual workforce. “The possibility of a flexiyear (without reduction) tailored to individuals, outside any collective agreement, is introduced for employees with children in their care. 15 Best Master 30/3/00 9:41 pm Page 16 “Flexiyear concepts are also possible with part-time employment, the employees alternating periods of work and time off. The pattern of these periods – defined in the work contract – can be altered by the employer at one week’s notice. The work contract can provide for the smoothing of the salary over the year, the monthly wage being the same, independently of the actual time worked during the month in question. “The methods of compensation for overtime are modified so as to penalise its use and encourage the replacement of remuneration by extra time off. “Two new exceptions to the principle of Sunday closing are included: premises used for exhibitions intended for professionals, and areas devoted to touristic or cultural activities. Retail shops will be able to open on five Sundays a year (instead of three). In the industrial sector, continuous work will henceforth be instituted by simple agreement within the company. “The coming into effect of this law calls for publication of application orders. These orders are now the subject of dialogue between the government and the trade unions, which are strongly opposed to them. One of the major points of contention is the plan to re-examine the maximum working day (10 h) in the light of the European directive providing for its replacement by a minimum daily rest period of 11 hours” (Gadbois, 1994). Parental leave in the Netherlands Social issues outside the direct control of working time also have an effect on working time. Van Hilst and Jansen (1994) explain how this has developed in the Netherlands around the issue of parental leave. “Some time ago the Law on Parental Leave came into effect. This law controls the right to unpaid partial leave whereby parenting tasks can be combined with paid work. Without losing touch with the work environment, both parents or carers can work fewer hours each week, for a maximum of six months. Employees who can make use of the arrangement, on a voluntary basis of course, must have been in the service of an employer for over one year and be looking after a child up to four years old. The leave can be taken for a maximum period of six consecutive months, with at least 20 hours being worked each week. This unpaid partial leave can be taken up once for each child up to four years of age, and both men and women are entitled to use it. If there is a child aged three and a baby of a few months, for example, there is a right to two periods of parental leave. “The rules governing the arrangement are aimed, among other things, at timely and satisfactory organisational preparation and execution. The legislation has had a stimulating effect on CLA regulations. The period from 1990 to 1991 was particularly notable in that agreements were reached on this matter during collective bargaining, with cases frequently being more beneficial than under the official legislation. This is expressed in the scope of leave arrangements, for example, and in salary adjustments that are not fully proportional” (Van Hilst and Jansen, 1994). 16 Best Master 30/3/00 9:41 pm Page 17 Chapter 3: TRENDS IN GENERAL HOURS OF WORK Usual weekly hours in Europe (1) United Kingdom The United Kingdom has often been thought to be quite distinctive in its pattern of working hours from the rest of Europe, because of the low number of employees who work a standard working week, and the high number who work more than 48 hours. Two tables extracted from a published article (Watson 1992) illustrate this very clearly. The first (Table 3.1, shown in full in Appendix B) shows the percentage of employees with different lengths of working week in different countries of the European Union. The peak, around the size of the standard working week, varies from country to country (from 30.4% in Germany to 83% in Luxembourg), but in the United Kingdom is remarkably low at 12.6%. Table 3.1 : Employees’ usual weekly hours: peaks 1990† Hours B DK F G GR NL IRL I LU P E UK E12 % % % % % % % % % % % % % 11.9 7.5 8.1 6.9 24.8 17.3 0-34 33.3 14.6 35-37 38 11.5 48.7 48.6 39 30.4 14.8 49.8 12.0 40 49.4 48.6 48.3 83.4 71.0 41-44 26.2 12.6 45-48 41.7 5.1 6.6 49-50 2.5 51-59 1.9 60-69 1.6 70+ 0.8 100% million‡ 2.9 S.D. 7.9 2.4 18.4 25.8 1.9 5.5 0.9 15.2 0.14 8.3 9.2 23.0 108.7 10.8 8.6 9.3 7.7 12.2 9.7 7.6 7.0 3.3 6.7 14.0 10.3 Source: Watson (1992) using EUROSTAT 1990 data. Bold added to highest percentage in each column. Notes: * cell size too small to provide a reliable estimate. † Hours include paid and unpaid overtime but exclude travel time and meal breaks. ‡ All employees total includes those with variable hours and those who did not state their hours. As Watson (1992) wrote, “With the exception of the UK, every other country has a heavy concentration of employees working within a narrow range of hours, and in some countries nearly half of all employees work within a single hour band”. The effect would be even sharper if only male employees were included, as the spread at the lower end of usual working hours is largely accounted for by females. Watson concludes that “What the data clearly show is the extent and influence of labour market regulation on 17 Best Master 30/3/00 9:41 pm Page 18 the hours worked by employees. With the exception of the UK, and to some extent Ireland and Denmark, all other EC states have wide-ranging regulation of their labour markets, either through direct legislation or through legally binding collective agreements. It is this which no doubt explains in part the concentration of working time within these countries.” The second table, 3.2, shows the percentage of employees working less than 16 and more than 48 hours a week – the threshold recognised in the European Directive. Here, too, the United Kingdom is clearly the odd man out. Table 3.2: Percentage of employees working less than 16 and more than 48 hours a week B DK F G GR NL IRL I LU P E UK E12 Hours % % % % % % % % % % % % % < 16 2.1 9.5 2.6 4.2 0.8 15.1 2.8 1.7 1.4 1.6 1.5 9.7 5.0 >48 2.3 4.5 5.3 4.8 4.6 1.7 3.5 * 4.7 4.9 16 6.8 8.3 Source: Watson (1992) using EUROSTAT 1990 data. Table 3.2 and Figure 3.1 show that, in 1990, the UK had about twice as many employees as any other country working more than 48 hours in a normal week. If the table had been restricted to male employees, the proportion would certainly be higher, as most women tend to work “normal” or “parttime” (less than average) hours. Figure 3.1: Percentage of employees working less than 16 and more than 48 hours a week (Europe 1990) Hours < 16 > 48 20 %10 0 B DK F G GR NL IRL I LU P E UK Av Overtime : the trend over the years in the UK The amount of overtime worked tends to grow and shrink with the economic cycle. It is also counter-balanced by the amount of short-time worked, i.e. by employees whose normal working week has been shortened temporarily because of adverse economic conditions. This fluctuation shows up clearly in a bar-graph published by IDS (1994), adapted in Figure 3.2. This uses data from monthly figures published by the Employment Department for overtime working by manufacturing operatives. 18 Best Master 30/3/00 9:41 pm Page 19 Figure 3.2 : Per cent working overtime (UK: 1977-1993) 39 37 35 33 % 31 29 27 25 1977 1979 1981 1983 1985 1987 1989 1991 1993 As well as showing the peaks and troughs of the economy, there are two other notable points about overtime in the UK: (1) Even at the trough of the economy, over 9 million hours of overtime are worked each week, enough to employ 225,000 more people if everyone worked a standard 40-hour working week. Trade union leaders often emphasise this point. Of course, this depends on the labour force being of the right type and in the right place, and also being willing to share the work, as employers’ leaders point out. Another reason why it is not so simple is that some of the high overtime jobs have a low basic wage, and depend for their recruitment on the promise of overtime earnings, which may be the best explanation of why overtime persists during recessions. (2) More recently, the trend looks as if it might be different. The percentage of manufacturing employees who are working overtime has not fallen as much as in the 1981 recession. The average hours of overtime worked by employees who work overtime is relatively high (see Figure 3.3), but on a smaller base; i.e. there were 7.1 million workers in manufacturing in 1979, but only 4.2 million in 1994. IDS (1994) argues that “overtime may not regain its former importance.” Figure 3.3 : Average hours of overtime worked per operative (UK: 1977-1993) 10 9.5 9 Hours 8.5 8 7.5 7 ’77 ’79 ’81 ’83 ’85 ’87 ’89 ’91 ’93 Source: Adapted from IDS (1994) Much of the manufacturing industry that has disappeared was of the older and “heavier” kind, where overtime would be more physically tiring. It may also be the case that “slimming” exercises have removed less physically fit employees, so that those who remain are more able to work long hours. Moreover, there are two other trends which may tend to reduce overtime levels: an increase in the number of annual hours agreements, and the growing levels of part-time workers. These can both be considered as aspects of “flexibility”. 19 Best Master 30/3/00 9:41 pm Page 20 Flexibility in the work force in the UK Several types of working arrangement can be described under the broad heading of “flexibility”, and one recent report describes their prevalence in the UK (Watson 1994). Watson points out that the “flexible workforce” in the UK, defined as those who are not full-time permanent employees, has increased by 1.25 million since 1986, and by 1993 accounted for 38% of all people in employment (27% of men, and 52% of women). He notes that the percentage for women has stayed fairly constant at around 50%, but for men it has increased from 18% in 1981 to 27% in 1993. Table 3.3 : Traditional and flexible workforce (UK 1993) Men Women ALL % % % 73.2 47.9 61.8 Full-time temporary employees 2.8 2.3 2.6 Part-time permanent employees 3.7 36.7 18.6 Part-time temporary employees 1.2 3.9 2.5 Full-time self-employed 15.6 3.7 10.2 Part-time self-employed 1.4 3.4 2.3 Government training schemes 1.7 1.1 1.4 Unpaid family workers 0.3 1.0 0.6 Traditional workforce Full-time permanent employees Flexible workforce TOTAL All in employment (millions) 13.934m 11.446m 25.381m Source: Watson (1994) from Labour Force Survey estimates, spring 1993 Watson points out that the proportion of temporary employees has remained fairly constant at 5% to 6% of all employees since 1985, when these data were first collected by the LFS, and 1993, while the proportion of part-time employees has tended to grow fairly steadily: and he quotes a forthcoming analysis which shows that between 1981 and 1991, nearly three-quarters of the growth of part-time employment could be accounted for by changes in the industrial composition of the economy (Beatson 1994). Watson lists seven kinds of work that can be defined as “flexible”: • flexible working hours (or flexitime) • annualised hours contracts • term-time working • job-sharing • nine-day fortnights • four-and-a-half-day weeks, and • shiftwork. He describes these as follows: Flexible working hours (flexitime) This has expanded enormously since it was first conceived in Germany in 1967, and now covers 1 in 8 of the workforce. Other tables in Watson (1994) show that it is particularly prevalent among full-time women in large offices in public administration and the financial services sector. 20 Best Master 30/3/00 9:41 pm Page 21 Annualised hours Annual hours now cover 9% of the population. In occupational terms, this is particularly common among teachers, and is equally common in the service sector as in manufacturing. Although it is more common among shiftworkers (23.8% of annual hours employees work shifts, compared with the national average of 18.1%), it is also common outside shiftwork (Watson 1994). The latest Incomes Data Services Study on annual hours (IDS 1993a) reports in some detail on the schemes operated in 24 organisations. The oldest scheme they report goes back to 1980, but half were introduced in the 1990s. The main motivation for employers is increased flexibility, both to match hours to operational requirements, and to accommodate reductions in the working week. Seasonal working can also be pre-planned without overtime payments. In some companies, short-term changes to shift rotas, with advance notice of only a week or a month, are part of the system. Many companies adopt annual hours as part of a major restructuring agreement to give a steady salary, and to eliminate an overtime culture, with some compensation for those who work average overtime. Hours are kept back in reserve banks (sometimes separated into quarters or thirds of the year), and, in the most convincing anti-overtime arrangements, not all the pre-paid banked hours are used, taking away the incentive to “manufacture” overtime. Banks are used to cover absence and holidays, as well as increases in demand. The size of the banks in the IDS study varies from 16 to 204.5 hours. Usage of the reserve banks varies from 35% to 100%, and some organisations have provisions for “buying” additional committed hours if needed. Other organisations have different levels of annual hour contracts for individuals to choose from: e.g. standard at 1,836 hours, standard plus at 2,044 hours, and intermediate at 2,214 at Independent Television News. The variety of ways of organising working time covered by the broad title of annual (or annualised) hours is great, and the IDS study is extremely useful for giving practical variations in named companies. Term-time working This is obviously common among workers in the educational sector, from which it gets its base, but also has great appeal to parents who have to provide more child-care during school holidays. Excluding education, Watson (1994) shows that just over 1% of all employees use this pattern, particularly women working in the public sector, or in retail, hotels and catering. The jobs of term-time workers are often covered by students during school holidays, where the training level permits it. Job-sharing This has attracted great interest, but relatively little has been known about its prevalence. 94% of the part-time workers who job-share are women, and other tables show that they are mainly concentrated in clerical and secretarial occupations. Half of them work in public administration, education, health and other public services. (A slight oddity in table 3.4 is that 0.2% of full-time men and 0.3% of full-time women report that they jobshare, a total of 43,000 people. Watson suggests in a footnote that they must have misinterpreted the question, perhaps as referring to sharing tasks with colleagues, i.e. functional flexibility. It may also be that they job-share by taking turns at working full-time, and were doing this during the reference periods of the surveys.) 21 Best Master 30/3/00 9:41 pm Page 22 Compressed working weeks These are achieved by working longer hours over four and a half days a week, or nine days a fortnight, and are also believed to have become more widespread, often introduced in parallel with a shorter working week. They are most concentrated in craft and related occupations and in manufacturing industry. Table 3.4 : Working hours patterns by sex and full/part-time status (UK 1993) Men Women ALL Full-time Part-time Full-time Part-time % % % % % 10.5 9.1 16.5 9.8 11.9 Annualised hours contract 8.6 6.7 10.3 8.5 9.0 Term-time working 1.8 5.7 6.2 11.8 5.3 Job-sharing 0.2 1.6 0.3 3.9 1.1 Nine-day fortnight 0.9 * 0.5 * 0.6 Four-and-a-half-day week 3.6 * 3.6 0.8 2.9 Shiftwork 21.8 15.7 15.1 13.6 18.1 TOTAL All persons (mills) 10.60 Flexitime 0.69 5.74 4.66 21.69 Source: Watson (1994) from Labour Force Survey estimates, spring 1993. * Below 10,000: estimate not shown. Watson also lists other forms of flexibility that he does not cover, such as labour mobility, functional flexibility across job demarcations, and flexible work places (telework and traditional homeworking). Usual weekly hours in Europe (2) France At the end of 1993, the Ministère du Travail published the findings of a 1991 national survey of working patterns (“Work Conditions”) which updated data from previous surveys (1978, 1984) on the same subject, and which was based on a national survey of 21,000 employees (Dussert & Vinck, 1993). Fixed schedules are clearly declining. In 1978, 65% of employees worked the same hours every day. In 1984, the proportion had dropped to 59%, and to 52% in 1991. This trend applies to all sectors of activity and all socioprofessional categories. The proportion of employees working flexitime (preferred work schedule or pure flexible schedule) is higher in the upper echelons of the hierarchy (executives 57%, white-collar employees 39%, blue-collar employees 19%, workers 16%). Flexitime This growth in flexitime benefits both men and women (preferred schedule: 7.8% of men, 10.2% of women; pure flexible schedule: 16.2% of men, 11.7% of women). The use of flexitime has decreased slightly (1984: 16.8%; 1991: 15.6%). Time checks – “clocking in” Half of the workforce are not submitted to any check on hours worked. One quarter are checked by their superiors, 16% by clocking in, and 5% by signing in or by use of a timetable. This pattern has remained virtually unchanged 22 Best Master 30/3/00 9:41 pm Page 23 since 1984, whereas from 1978 to 1984 there was an increase (from 45% to 52%) in the number of employees not undergoing any check. The situation is similar for men and women, but there is an age-related difference, with fewer people being checked in the older age-bands: the proportion of men not undergoing checking is 40% below 25 years of age, 50% from 25 to 44, and 55-60% above 45. In the case of women, the proportion is 40% below 20 years, 45% between 20 and 24, 52% from 25 to 39, and 55-60% above 40 years. Flexiweeks Compared with 1984, more employees are now working a variable number of days each week: 15.5% versus 11.8% for men; 13.9% versus 10.3% for women. The maximum number of days worked has increased for men: 81% of men now work at least six days a week, compared with 74% in 1984; for women the respective values are 63.6% and 61%. Travelling time has not changed much between 1984 and 1991. The working day now starts slightly later: fewer start before 7 a.m. (10% to 9.4%), fewer between 7 a.m. and 8 a.m. (29.4% to 23.3%), and no real change between 8 a.m. and 8.30 a.m. There has been a marked increase in working days starting between 8.30 a.m. and 9.30 a.m. The starting times differ greatly between the sexes: in 1991, 40% of men and only 22% of women started work before 8 a.m. Fewer employees now end their working day between 5 p.m. and 7 p.m. (-7.4%), but more now finish work between 2 p.m. and 5 p.m. (+3.1%) and between 7 p.m. and 10 p.m. (+1.9%). In the short run, it is difficult to separate out the effects of economic boom and slump from real changes in hours of work. The French statistics, based on a large sample, suggest trends that can only be checked out completely in the long run. The state of collective negotiations in companies Working time negotiations in companies increased regularly between 1989 and 1991, and then fell off in 1992. The number of signed agreements rose from 2,096 to 2,481 and then to 2,739, but in 1992 dropped to 2,622 (i.e. -4.6%), no doubt due to a slowing down of the economy. Negotiations on salaries also decreased, whereas those on employment increased by 26%. The agreements on working patterns signed in 1992 involved 1,200,000 employees. Table 3.5 : Subjects of agreements on working time in France Subject Per cent of agreements on working time Modules 14% Shiftwork 13% Flexible hours 7% Weekend shifts 7% Carrying over credit hours 6% Part-time work 4% Women on nightwork Intermittent work < 2% 1% 23 Best Master 30/3/00 9:41 pm Page 24 The main trend apparent at the end of 1992 was an increase in the various flexible working patterns and stagnation (in absolute terms) in arrangements allowing increases in the duration of use of equipment (cf. 1990: +20% for modules, +40% for flexible hours, +60% for part-time). Part-time work : new divisional agreements In the self-service Do It Yourself (DIY) sector, in shops with a surface area greater than 400 m2 (350,000 employees), the agreed minimum basic week is 22 hours (i.e. 95 h 33 min per month). The daily minimum is set at 3 hours when there is just one work period, and at 6 hours when there are two. Possibilities for credit and debit hours over the year are defined. In the food distribution sector (300,000 employees, one quarter of whom work part-time), an agreement signed on 19 February 1993 fixes the minimum working week at 16 to 22 hours (i.e. 95 h 7 min per month) for part-time employees, for whom it also defines flexiyear systems. For airline ground crews (45,000 employees), an agreement signed on 30 July 1993 sets the minimum working day at 2 hours and limits overtime to one-third of the contractual duration. New formulas: part-time work matching the school year A framework agreement signed by the insurance group AXA (6,200 employees) provides for the introduction of two new yearly formulas allowing employees to match their working time to the school year (formulas for daily or weekly part-time work already existed). In terms of this agreement, the employees work full-time during the school terms and take extra vacation (in addition to the usual 25-day summer holiday) during term time: – either 4 x 5 days at Christmas, in February, at Easter, and All Saints, – or 4 x 10 days at the same periods. The Société Mosellane de Mécanique (700 employees, including 150 women) has implemented a working pattern based on the school year with two formulas: a) working time reduced to 74% by the taking of 87 days of vacation distributed according to the school holidays (30 days in summer, 39 Wednesdays during term time, 5 days at Christmas, in February, at Easter, and at All Saints); b) working time reduced to 63% by the taking of 113 days of vacation distributed according to the school holidays (41 days in summer, 39 Wednesdays during term time, 10 days at Christmas, in February, at Easter, and 6 at All Saints). Usual weekly hours in Europe (3) Germany Shorter hours The tendency to shorten average working time towards 35 hours per week, which has occurred since the mid-1980s, seems to have stopped. In certain large branches of industry (e.g. in the printing and metal industries) the average working time amounts to 36 hours per week. Thus, Germany is one of the European countries with the shortest working hours. Flexitime The tendency in Germany to extend flexitime possibilities for employees, in order to uncouple working and operational time, has remained behind 24 Best Master 30/3/00 9:41 pm Page 25 developments in some other European countries. An international study of the European Community on the extension of operational time showed that, with 53 hours per week, Germany has the shortest operational time of all 12 EC countries in the study (the EC average was 66 hours per week). Weekend working Weekend working seems to be more a problem of current working time law (“Arbeitszeitordnung”) and/or of politics than of the employees themselves. The results of a study in North Rhine-Westphalia showed that more than half of the employees questioned would not mind working on Saturdays, almost half of them could imagine working shifts, 25 % would accept nightshifts and 20 % would work on Sundays. Reduced (4-day) working weeks Some German companies have worked out concepts on how to manage the problems connected with the current economic recession without dismissing their employees or working short time. These concepts are based on reducing weekly working time to 4 working days per week, mostly without reducing operational time. For instance, an electrical concern reduced working time in an experimental group in one of its factories in Bavaria from 36 hours to 33 hours per week (but only reduced their incomes to the equivalent of 35 hours). Another concern in the car industry agreed to reduce working time from 36 to 28.8 hours per week and to introduce a 4-day working week (with an income reduction, however, of about 11 %). Developments in flexible working time arrangements In the last 2 years, flexible working time arrangements have made a significant development. Core time has proved to be unsuitable, firstly because it often does not provide sufficient communication time, and secondly because, in accordance with the reduction in working time in general, core time should also be reduced. Therefore, there has been a tendency to replace the old core time by a longer service time (e.g. a working group guarantees that at least one of its members is always present). Usual weekly hours in Europe (4) The Netherlands In this section a number of tables will provide insight into the changes in the volume of irregular working hours and shift work in the Netherlands. Each table shows the changes over the years from 1989 to 1991 for a relevant sector. (Refer to issue 6 of BEST for a description of the situation in 1989.) Employees’ preference and actual working hours situation The trend report, Work Availability 1993, prepared by the OSA (Organisation for Strategic Labour Market Studies), examines the relationship between actual working hours and those preferred by employees. The figures in the following two tables provide insight into how the wish and the reality “fit” together, and how this “fit” developed in 1992, as compared to 1990. 25 Best Master 30/3/00 9:41 pm Page 26 Table 3.6 : Agreed working hours v. desired working hours 1992 : Netherlands Agreed Desired 0 - 19 20 - 34 35 - 44 45+ 0 - 19 0.8 % - - - 20 - 34 – 5.6 % 1.4 % – 35 - 44 – 12.8 % 70.8 % 6.8 % 45+ – – 0.4 % 0.8 % 0 - 19 19.4 % 6.1 % 0.6 % – 20 - 34 1.7 % 31.3 % 3.1 % – 35 - 44 – 12.8 % 24.1 % – 45+ – – – – Men Women Source: OSA Trend Report 1993 Overall, 21% of the men and almost 25% of the women would prefer different working hours (Table 3.6). If we examine the fit for men, we notice that 20% in more or less full-time employment (35-44 hours) would prefer a change. Two-thirds of the full-time workers would prefer to work shorter hours (20-34 hours), while approximately 20% of the men with part-time jobs of 20-34 hours would prefer full-time work. Among women, almost 25% would prefer different working hours. Approximately 26% of the women with a small part-time job (0-19 hours) would like to work more hours, and predominantly in the part-time category of 20-34 hours. The relationship between the wish and the reality is closest among women with a job of between 20-34 hours. Over 13% would like different working hours, two-thirds preferring more work (full-time). On the other hand, a high percentage of women (35%) who are in full-time employment would prefer to work between 20 and 34 hours. The trend report also examines the desired number of hours in 1990 and the actual hours in 1992. Among the men, roughly 37% preferred a change, with about 65% of those wanting shorter working hours. 3% of the 37% received the desired change, but in most cases the change in hours was not the one desired: 24% actually have a job with more hours than they wanted in 1990, while about 14% work fewer hours than they wanted in 1990. Among the women, about 40% wished to change, with (similarly to the men) 65% desiring fewer hours. 9.3% achieved this aim but, again, in most cases the change received was not that desired: over 28% work more hours, and about 15% work fewer hours, than they wanted in 1990. Usual weekly hours in Europe (5) Italy The debate on the reduction of working hours A great debate on the reduction of working hours has been developing in recent years, according to Costa (1994). 26 Best Master 30/3/00 9:41 pm Page 27 A generalised reduction of working hours is motivated by the following main reasons: a) because increased levels of productivity by companies has created the basis for a possible sensible reduction of working hours; b) because the stress experienced by workers due to the fast work pace connected with technological changes requires an answer in terms of reduced working hours; c) because the process of technological and organisational innovations will increasingly require the utilisation of working time as a tool to reduce unemployment; and d) because the question of the relation between working time and living time is becoming increasingly important in terms of both social organisation and quality of life. However, the difficulty of combining themes connected with the reduction of working hours in one picture is due to the fact that working time has different meanings depending on the different aspects taken into consideration. For example: e) from the productivity point of view, working time is one of the institutional factors that controls working activity; f) from the occupational point of view, it is the ratio between the number of hours required for production and the number of workers involved; g) from the individual point of view, it is the main factor influencing daily activities, even outside the workplace; while h) from the social point of view, working time is a factor that largely influences the organisation and enjoyment of social times, both in a positive and a negative way (e.g. public services, shops, etc.). Employers are most interested in points e) and f): the innovations which have occurred in production processes (and the consequent costs for renewal and acquisition of new technologies), increasing domestic and international competition, and the fragmentation and unpredictability of demand all force enterprises to look for higher flexibility in work relations. This flexibility should concern both a reduced number of contractual obligations for hiring and firing workers (external flexibility) and a higher possibility of adjusting manpower to production needs (internal flexibility). On the other hand, from the employees’ point of view, point f) is very important to counteract unemployment, as are points g) and h) in focusing on the emerging ways of organising the relation between working and nonworking times. The present situation Italy has been particularly affected by the present economic recession. In 1993, more than 250,000 jobs have been lost, and the trend has not yet stopped. The average level of unemployment grew from 9.76% at the end of 1992 to 11.96% at the end of 1993, and it is generally above 20% in South Italy. There has been an especially notable increase in unemployment among the young. The social consequences of this phenomenon are easily foreseen; therefore, government, employers and employees’ unions have identified policies of working hours as one possible structural response to this problem. 27 Best Master 30/3/00 9:41 pm Page 28 Flexibility In Italy, too, flexibility of the work force and of working times are two of the main tools that are considered capable of facing this particular situation while waiting for the recession to end. Flexibility of working time can have many different meanings, but the main interpretations that are taken into consideration at the present time are two: a) a higher possibility of varying and arranging working times to face the fluctuations of market demands; b) a reduction of working time in order to save jobs and reduce unemployment among young people. Reduction of working time can be seen as a strategic temporary measure to counteract the economic crisis. Many people also consider it an opportunity to increase the quality of life. Many different possibilities of reduction of working time are available both in the short- and long-term (see Table 3.7); their application depends on the prevailing factors that at different times influence political choices in work and social organisation. Because of the stagnation in production, no significant changes have occurred in the trend of working time (which has been characterised by a general stability around a weekly duration of 36-39 hours), although there has been a progressive increase of shiftwork, both in the tertiary sector and among women, and a slight recourse to part-time work. These themes have been referred to in previous issues of the bulletin (see BEST 1, BEST 2, BEST 6 and BEST 8 in particular). There are three other significant aspects, of both working time and social time, that are worth mentioning: • the adoption of the so-called “solidarity contracts”; • the increased recognition of women’s rights ; and • the consequent introduction of some elements of flexibility of working times in terms of part-time work, working hours and leave for personal needs. Usual weekly hours in Europe (6) Belgium The 38-hour week has become the norm in almost all areas. Since 1986, negotiations in the sectors of wood and the manufacture of furniture have resulted in a reduction in the week to 37 1/3 hours. 28 Best Master 30/3/00 9:41 pm Page 29 Table 3.7 : Possible interventions in working hours TYPE OF INTERVENTION PERIOD DAY WEEK YEAR LIFE Reduction of working hours at the same level of salary Same reduction of the length of each working day Concentration of work on fewer working days Reduction in some periods of the year (e.g. 1 week of holiday more) Delayed starting of working life. Earlier retirement. Periods of planned interruption by accumulating leave Search for flexibility of working hours without modifying the number of hours and at the same level of salary Possibility of choosing among different timetables of start and end of the duty period Possibility of concentrating the work period in fewer days by prolonging the daily duty period Staggering of holidays. Possibility of making use of an annual bank of hours Flexibility of starting and ending the working life. Periods of recoverable interruption Part-time work with reduced salary Reduction of daily working time Reduction of weekly working days Seasonal work. Temporary work. Job sharing (solidarity contracts) Part-time for some periods of the life. Job sharing. Periods of nonrecoverable interruption 29 Best Master 30/3/00 9:41 pm Page 30 Chapter 4 : DEVELOPMENTS IN SHIFTWORK Shiftwork in the Netherlands In 1991, the total number of people involved in shiftwork was 238,000. Table 4.1 shows the figures for men and women respectively. Table 4.1 : Numbers of people involved in shiftwork: Netherlands 1988 Men Women Total 1990 1991 Absolute % Absolute % Absolute % 205,000 6.6 218,724 6.6 219,000 6.6 13,600 0.8 21,681 1.1 19,000 0.9 219,500 4.5 240,405 4.5 238,000 4.4 Source: CBS There is a notable increase in the numbers of people in shiftwork during the period from 1988 to 1990 – an increase affecting both men and women – and a slight reduction among women in 1991. The percentage of shiftworkers as a proportion of the total numbers employed remains practically unchanged. There were over 450,000 people working in irregular shifts in 1988, and this rose in 1991 to 518,600 (representing 9.6% of the working population), divided into 229,500 men and 289,100 women. The following table shows developments during recent years up to 1991. Table 4.2 : Men and women in irregular shiftwork from 1989 to 1991 : Netherlands 1988 1990 1991 Absolute % Absolute % Absolute % Men 207,100 6.6 222,000 6.7 229,500 6.9 Women 243,000 14.1 274,000 13.9 289,100 14.1 Total 450,100 9.3 496,000 9.4 518,600 9.6 Source: CBS It is clear that irregular shiftwork has become more prevalent among both men and women, but especially among the latter, who account for two-thirds of the 68,500 additional workers on irregular shifts during the period 19881991. A more detailed comparison by commercial branch gives the following picture. 30 Best Master 30/3/00 9:41 pm Page 31 Table 4.3 : Percentage of men/women with irregular shifts in each commercial sector 1988 1991 Men Women Men Women Agriculture and Fisheries 0.9 5.5 0.6 1.2 Industry 0.9 0.8 0.9 0.6 Public Utilities 1.6 - 1.8 - - 0.2 0.4 0.6 Commercial, Hotel and Restaurant Industries, Repair Companies for User Goods 1.1 1.3 2.3 3.8 Transport, Storage and Communications Companies 36.9 34.2 33.9 34.1 Banking, Insurance and Business Services Companies 3.6 3.2 5.4 4.2 Other Services 9.7 23.2 10.4 23.0 Total 6.6 14.1 6.9 14.1 Construction industry and Contractors Source: CBS The following sectors show an increase in the proportion of irregular shifts: Trade and Commerce, the Hotel and Restaurant Industry, Repair and Maintenance of User Goods, Banking and Insurance Companies, Business Services and Other Services. In the sector for Agriculture and Fisheries, the proportion is decreasing significantly, especially among women. Types of shiftwork in the Netherlands The following table gives a breakdown of these numbers for the various types of shiftwork. Table 4.4 : Numbers of men and women per type of shift Men 2-shift schedule 3-shift schedule other Women 2-shift schedule 3-shift schedule other 1988 1990 1991 40.0% 40.4% 40.6% (82,300) (88,000) (89,000) 28.0% 29.4% 28.3% (57,600) (64,000) (62,000) 32.0% 30.2% 31.1% (66,000) (66,000) (68,000) 66.2% 54.5% 66.7% (9,000) (12,000) (13,000) 21.3% 41.0% 27.8% (2,900) (9,000) (5,000) 12.5% 4.5% 5.5% (1,700) (1,000) (1,000) The figures in brackets represent absolute numbers. Source: CBS 31 Best Master 30/3/00 9:41 pm Page 32 ‘Other’ includes mainly the 4-shift and 5-shift schedules. The table shows that the 2-shift pattern is the most prevalent among both women and men. In absolute terms, there is an increase of 8.4% in the number of men and women in shiftwork. There has been a large increase – almost 40% – in the number of women, which can be almost entirely attributed to the 2-shift and 3-shift schedules, where the increase in the number of women is 44% and 72%, respectively. A closer analysis of the figures, broken down into commercial branch and sex, gives us the following table. Table 4.5 : Percentage of men/women in shiftwork in different branches of industry 1988 1991 Men Women Men Women - - 1.2 - Industry 20.0 4.2 20.4 4.9 Public Utilities 3.6 0.3 4.3 - Construction industry and Contractors 0.1 - 0.2 - Commercial, Hotel and Restaurant Industries, Repair Companies for User Goods 0.9 0.5 1.0 0.4 Transport, Storage and Communications Companies 9.4 3.9 8.5 2.7 Banking, Insurance and Business Services Companies 2.9 0.9 3.1 1.4 Other Services 0.4 0.1 0.4 0.2 Total 6.6 0.8 6.6 0.9 Agriculture and Fisheries Source: CBS The greatest proportion of shiftwork is still found in Industry, with the Transport sector coming a close second. The percentage of men in Industry working in shifts rose slightly in 1991 from 20.0% to 20.4%, while that of women in that sector rose from 4.2% to 4.9%. Shiftwork in France Overall, shiftwork has increased very slightly in frequency, and rather more in the case of 2-shift systems (5.1 to 5.6%) than 3-shift systems (2.8 to 3.1%). The trend differs between industry and the tertiary sector: more employees work alternating shifts (5.1% increase), whereas those working identical hours every day have decreased (by 5.5%). Company-agreed flexitime has decreased by 3.5%, whereas pure flexible scheduling has increased by 3.9%. Among men, small decreases have occurred in alternating shiftwork (by 0.2%) and company-agreed flexitime (from 13.1 to 12.2%), and increased use has been made of pure flexible scheduling (from 3.7 to 5.6%) and preferred work scheduling (from 1.8 to 3.6%). Women on nightwork in French industry (from Gadbois, 1994) Although French laws prohibiting nightwork for women in industry are still in force, they have in practice been inapplicable since the European Court of 32 Best Master 30/3/00 9:41 pm Page 33 Justice order of 25 July 1991 declared that they constituted unjustifiable discrimination. As a result, there is no longer, in practice, any real ban, and the only limits are those defined in company agreements. A survey carried out in 1991-92 (Bué & Roux-Rossi, 1993), which examined 100 such agreements and included a direct survey of ten enterprises, found that companies using women in nightwork vary greatly in economic status, sector, and male/female employee patterns. Nightwork for women is essentially perceived as a tool for flexibility. It is often associated with other work patterns, and in some cases the participation of women in nightwork is more flexible than that of men. The argument of professional equality in fact corresponds to a need for equal job opportunities. Companies employing women in nightwork are often isolated in their region or sector, and are generally conservative about its use. The women concerned are usually few in number, and not all the departments are involved. In these enterprises, the unions are in an uncertain position and seek to reconcile the employers’ view of the companies’ interests, the defence of jobs, the wishes of the women employees, and the principles of trade union confederations. Their stance is much influenced by the employment situation and by internal relations. The decision to implement nightwork for women almost invariably stems from an initiative of the employer, and is presented either as an alternative to layoffs of women employees or as a prerequisite for the taking on of women. The unions’ hands are tied by this employment conundrum. Before negotiation, talks with the women employees are almost always informal. In each company, women employees declared themselves “volunteers”, and the unions legitimised their acceptance of the deal in terms of the existence of these volunteers and the defence of jobs. Decentralisation of negotiation within the company results in great diversity in the agreements in nightwork for women, although all agreements provide for the following terms and conditions: – – – – – voluntary participation, possibility of a return to daywork, a trial period, medical surveillance, change in work patterns in the event of pregnancy (in two agreements, this is the only difference compared with men), – the principle of professional equality, and – the type of contract for women. Additional advantages are rarely accorded women in nightwork (e.g. paid holidays, safety of travel). Certain agreements implement a veritable statute of nightwork for women, in which special rights are accorded, notably the voluntary code. In all the situations analysed, the work performed by women on nightshift was identical to that done during the day, particularly with respect to the need for qualifications. Nightwork for women has no direct effect on qualifications but may have an indirect positive or negative influence (depending on any differences in technical requirements between day and night tasks). 33 Best Master 30/3/00 9:41 pm Page 34 Women accept nightwork mainly because of the pay and a desire to keep their job, or to acquire one. Motivations outside work are secondary. The balance that women must find between work and home life has little effect on their decision to work nights. Most women questioned had come to terms with the situation, without having sought or entirely accepted it. Among companies employing women in nightwork, some apply alternating shift systems and others fixed night shifts. Alternating systems offer equitable conditions and remuneration, but have two major drawbacks: they are more arduous, and hence a source of misunderstanding between volunteers and non-volunteers; and they foster exclusion (some women have a home life incompatible with nightwork). Fixed shift systems have the advantage of stability, are perceived as less perturbing and tiring, are better paid and allow the choice between night- and daywork. In this context, the voluntary aspect is no longer real. However, an unequal statute is established between dayand nightworkers, and the latter run the risk of isolation since they are not always able to participate in daytime meetings, training, and so forth. Voluntary access to nightwork means different things to women already working for the company before implementation of nightwork, and women recruited for the newly established nightwork option. The newcomers are likely to find subsequently that it is difficult to obtain daywork, inasmuch as many agreements do not include a clause relating to a return to daytime working. The authors of the survey conclude that, overall, nightwork for women in industry is favourable for the employment of women, either directly through planned extension of nightwork, by creation of additional shifts or the extension of existing shifts, or indirectly when it avoids dismissal of women and recruitment of men to replace them. However, it is accompanied by the appearance of a new discrimination between volunteer and non-volunteer women. Shiftwork in Belgium (from Léonard 1994) Extended work week with longer shifts : General Motors Antwerp A 5-year agreement signed by General Motors in Antwerp in 1988 affected 9,000 workers, who were consulted by a referendum. The employer had wanted to obtain a greater return on capital investment and also to extend the utilisation time for machinery. Instead of using two crews each working 7 hours 40 m for five days (Monday to Friday), it was decided to have two crews working 10 hours per day for 11 days, including one Saturday (for only one crew). This work period is followed by 10 days off. This new work system functions over a three-week period. Shiftwork in the United Kingdom Watson’s 1994 report breaks down self-reported shiftwork by occupation, industry, and size of workplace. It should be remembered, as BEST 6 pointed out, that some nights-only and evenings-only workers do not report themselves as shiftworkers, although in broader definitions of shiftwork they would be included. 34 Best Master 30/3/00 9:41 pm Page 35 Table 4.6 : Shiftwork by occupational group by gender : UK 1993 Occupational Group Men Women All % % % 1. Managers and administrators 8.9 7.0 8.3 2. Professional 6.9 3.9 5.6 3. Associate professional and technical 15.7 36.2 26.3 4. Clerical and secretarial 15.7 5.7 8.1 5. Craft and related 20.5 6.9 18.7 6. Personal, protective 60.6 31.9 41.7 8.2 11.1 10.2 8. Plant and machine operatives 38.1 20.3 34.1 9. Other 26.4 10.5 17.8 TOTAL (100%) millions 11.28 10.40 21.69 All Occupations average 21.4% 14.4% 18.1% 7. Sales Source: Watson (1994) from spring 1993 LFS estimates There is a wide variation of shiftwork between occupations, topped by males in Personal and protective operations, with Plant and machine operatives next. For women, Associate professional and technical comes ahead of both these categories. Table 4.7 : Shiftworking by industry division by gender : UK 1993 Industry Division Men Women All % % % 6.7 * 5.9 1 Energy and water supply 27.2 * 22.6 2 Minerals, ores, metals, chemicals 32.3 11.9 27.1 3 Metal goods, engineering, vehicles 21.3 9.2 18.6 4 Other manufacturing industries 28.4 9.4 21.2 0 Agriculture, forestry, fishing 5 Construction 7.6 * 6.7 6 Distribution, hotels & catering, repairs 16.0 13.8 14.7 7 Transport and communication 39.5 16.5 33.8 7.3 3.5 5.3 9 Other services 23.9 19.7 21.1 TOTAL (100%) millions 11.28 10.4 21.69 All Occupations average 21.4% 14.4% 18.1% 8 Banking, financial & business services Source: Watson (1994) from spring 1993 LFS estimates * Below 10,000: estimate not shown Transport and communication have the highest prevalence of shiftwork, closely followed by Minerals etc., and then by Other manufacturing industries. For women, the greatest prevalence is in Other services. 35 Best Master 30/3/00 9:41 pm Page 36 Table 4.8 : Prevalence of shiftworking by size of workplace : UK 1993 Workplace size % 1-10 employees 8.3 11-19 employees 13.1 20-24 employees 13.2 Don’t know, but under 25 15.9 25-49 15.8 Don’t know, but over 24 14.4 50 or more 23.6 TOTAL (100%) millions 3.92 All workplaces 18.1 Source: Watson (1994) from spring 1993 LFS estimates Shiftworking is more prevalent in larger workplaces, in what seems to be quite a systematic way. Another recent analysis (Bosworth, 1994), looking at longer-term trends from various sources, estimates that many sub-categories of shiftwork prevalent in the UK peaked in the mid-1980s, and have tended to decline subsequently. The exception is in the manufacturing sector, where the latest incidence figures used (from 1989) are also the highest, at 16.5% generally and 23.7% for manual workers (Figure 4.1). This is based on data from the New Earnings Survey (NES), which only records those who receive a specific payment for shiftwork. The LFS data for 1987 show figures about 3% higher for these categories than the NES, according to Bosworth. Figure 4.1 : Growth of shiftwork in manufacturing (UK 1973-1989) Year All Manual Bosworth also reports figures for the incidence of different types of shiftwork by age group for 1987. This shows a peak for all shiftwork in the 25-29 year age group (but different peaks for different types of shiftwork), a general decline in the proportion of shiftworkers with increasing age, but a strange rise in the general line for the oldest 60-64 year age group (Table 4.9 and Figure 4.2). This may be due to more senior workers in some establishments 36 Best Master 30/3/00 9:41 pm Page 37 being given first choice of working pattern, and their choice falling on the one that is most likely to benefit their pension arrangements. Given several studies that show that shiftwork becomes harder to tolerate with increasing age, this is an unfortunate result. Table 4.9 : Percentage of shiftworkers by age groups : UK 1987 Age group 16-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 % shiftworkers 8.6 14.1 15.7 13.8 13.4 12.3 12 10.7 10.1 11.7 Source: Adapted from Bosworth (1994) Figure 4.2 : Shiftwork by age (UK 1987) 20 15 % 10 5 0 16-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 Age-groups (years) Changes in patterns of shiftwork A survey of 76 companies for Incomes Data Services (IDS 1993b) emphasises the great variety of responses it received. Even within the same sector, such as vehicle manufacturing, one firm may be laying off shiftworkers because of the recession while another firm is increasing shiftwork for the production of new models. Similarly, the contracting out from the core workforce of non-shift jobs such as catering and cleaning may increase the percentage of shiftworkers without a change in the absolute numbers, or a real change in the situation. The application of new technology can be seen to work both ways, e.g. reducing shiftworking in the water industry, while producing a marked increase in consumer electronic firms. Anticipation of the European Directive on working time also appeared to be influencing shiftwork arrangements, although it seems likely that the UK government would use the three-year implementation period to engage in extensive consultation, rather than jump into instant legislation. While not claiming to be a fully representative survey, the report notes some apparent trends in shiftworking patterns: • • • • • • • an increase in backwards rotation, i.e. nights/afternoons/days an increase in five-crew working some six-crew operations appearing, associated with 36 hour weeks an increase in rapid rotation, of only 2 or 3 of each shift at a time great varieties in 12-hour shifts, often with extended breaks some rotation at weekly, fortnightly or four-weekly intervals some weekend-only shifts. The report also provides details of shiftwork compensation arrangements, which vary widely and have to be studied in close consultation with the details of the shift system. There are brief accounts of the full arrangements in the record section of the report. 37 Best Master 30/3/00 9:41 pm Page 38 More and less 12-hour shifts An informal survey of some UK subscribers to BEST (who cannot be taken to be necessarily representative) shows a substantial move towards 12-hour shift systems, which provide for fewer (but longer) working days, and a higher number of complete days off. There also appears to have been some simultaneous movement away from 12-hour shifts, and the best guess is that, after a trial, it was found to be unsuitable. This is not really surprising, as historical studies of changes in hours of work have tended to document fairly slow and gradual effects, usually towards a slower pace of work if the hours are longer (in the same way that a marathon runner does not normally start at the pace of a 1500-metre athlete). It is also difficult to specify clearly what amount of physical or mental exertion is compatible with extended hours (or the compressed working week, as it is often called), and effects may only be perceived after a trial period. Good and bad firms Observations of the current situation suggest that, while many firms do plan sensible periods of time off for their workforce, others are inclined to take a more open approach. Thus, there are accounts of people working 30 consecutive days of 12-hour shifts, as well as others working 4 days followed by 6 days off. Stories of “doublers”, where an employee covers an absence by working an extra shift without notice, are still commonplace; these stories are substantiated publicly only if such a case involves a reluctant or unwilling worker, leads to a dismissal that is challenged for being unfair, or results in an accident. “Bad” firms are much less likely to respond to unofficial surveys. Traditional patterns Traditional patterns of shiftwork are still commonly found (IDS and BEST surveys). For example, the new vehicle manufacture plant of Toyota in Derby has adopted a “fortnight about” shift system, which rotates between shifts after two weeks on the basis of this being a traditional pattern in the industry. Conclusion Not surprisingly, the lack of legal restrictions in the UK on almost all matters relating to working hours has produced a huge variety of arrangements, which are still changing as firms and their employees seek to find the best pattern. There is remarkably little objective evidence available to people who are making this search. While the prospect of the arrival of the European Directive has apparently influenced some of these changes, it is also true that the evolution of the Directive through different variations over the past few years has led to many misunderstandings about what will be required. The opposition of the UK government to the directive is not seen as a permanent protection, because the government can be changed in an election, which must occur by 1997; and the European Court hearing of the case about the applicability of Article 118a of the Treaty of Rome, because of the Health and Safety nature of this Directive, will be decided at some point, and then – if the UK case is lost – will be framed in UK legislation. As, when and if that time comes, it can be expected that considerable pressure will be applied to make full use of the available derogations, simply to avoid having to change existing patterns of working time. 38 Best Master 30/3/00 9:41 pm Page 39 Chapter 5: COLLECTIVE AGREEMENTS (CLAs) CLAs and working hours : Netherlands (from Van Hilst & Jansen, 1994) In 1991 and 1992, negotiations on working conditions in the Netherlands were about salary restraint and increased work participation. A deterioration in economic development and increasingly high numbers of unemployed and employment-disabled people formed a sombre setting for the negotiations. Things were fairly quiet in the area of working hours. The developments which occurred can be characterised as follows. Working hours on a weekly and annual basis : Netherlands As is apparent from the table below, there was a stabilisation of average weekly working hours in the period from 1990 to 1992. Table 5.1 : Average working hours during the period 1990-1992 : Netherlands Working Hours 1990 1991 1992 Compulsory free days 76.5 79.4 78.4 1,984.5 1,979.7 1,980.2 190.8 191.4 192.2 49.3 50.8 51.5 1,744.3 1,737.5 1,736.5 38.0 37.9 37.9 Annually agreed working hours Holiday hours Paid public holiday hours Basic annual working hours Average weekly working hours In a number of CLAs there was a redistribution of the various time components. Compulsory free days, for example, were transposed into a direct reduction in the average working week. Another example is the exchange of one or more compulsory free days for holiday days. We can assume that the often problematical organisational control aspects of the “package” of compulsory free days played a role in this development. The distribution of average working times reveals that almost 70% of employees (under CLAs) work for between 38 and 38.5 hours a week; almost 10% of employees work longer hours than this, and about 20% work fewer hours. Half of those in the latter category work fewer than 36.5 hours (including the dairy industry and the printing/graphics industry). Some examples of more specific changes in CLAs that are worthy of note are: • the extension of leave facilities for older employees; • the possibility of different ways of taking the annual shorter working hours allowance, such as compulsory free days or saving for one’s old age; • agreements to study the four-day week on an experimental basis; • the further introduction of 4-shift and 5-shift periods (including the textile industry and AKZO); • interpreting the broader possibilities of the Shop Hours Act within the CLA, among companies in the chain store business. 39 Best Master 30/3/00 9:41 pm Page 40 Working hours on a lifetime basis If working hours are placed in the perspective of a lifetime, certain important trends can be seen in relation to the position of the older employee. Only a small proportion of older employees actually work through to retirement age, mainly because of leaving employment due to disability and taking advantage of voluntary early retirement schemes (VUT). For the collective bargaining bodies, this low working percentage among older employees and the corresponding future problems (costs of schemes, scarcity of specialised staff) are a stimulus to provide a solution via an active age policy. Examples of some of the topics involved are extra free time, flexible pension arrangements, improved working conditions, no compulsory shift work and adjustments to the VUT arrangements. The main focus is aimed at the VUT scheme. These early retirement arrangements – originally intended as a temporary measure in the early 80’s to help young people into work – have grown into a unilateral acquired right of the employee. There was a change in the rigidity of this scheme in 1992 in response to the older employee problem. The table below shows a downward trend in the average early retirement age in the period up to 1991, inclusive, which stabilised in 1992. Table 5.2 : Average early retirement age from 1985-1992 : Netherlands Early Retirement Age 1985 1986 1987 1988 1989 1990 1991 1992 Structural 61.6 Including one time 61.0 60.8 60.2 60.6 60.2 60.4 60.0 60.3 60.0 60.2 60.0 59.9 59.8 59.9 59.8 Almost 70% of employees who fall under a CLA have a structural early retirement age of 60, while 17% can retire at 59, and 9% at 61. There are two cases where early retirement can be taken at age 58 (contract catering companies and the hotel and catering industries). CLAs and early retirement A number of CLAs have agreed to explore the future of early retirement more closely. A few CLAs have agreed to raise the VUT age from 59 to 60 in 1994 and 1995, for reasons of affordability. There is also increased interest in part-time early retirement. Employees continue to work for a part of their normal hours, claiming the remaining hours under the relevant VUT arrangements. Firm agreements have been reached under the AKZO CLA aimed at the complete run-down of early retirement schemes; this should be completed by the year 2005. There is an interim arrangement until then whereby the VUT age will be increased every two years by half a year, starting in 1997. A third of the savings thus achieved will be used for an active age policy, and two-thirds will go directly towards benefiting the employees. What were the policy goals of the CLA parties at the national level on the topic of working hours, for the period concerned? The primary goal of the trades unions was a 36-hour working week. There should at least be general agreements towards this goal from 1992, and the details of further cuts in working hours can be arranged on a decentralised basis according to need. The employers’ organisations were intent on blocking sweeping collective 40 Best Master 30/3/00 9:41 pm Page 41 cuts in working hours on the one hand, and on instigating more work flexibility on the other. A comparison between these spearhead views and actual developments in 1991 and 1992 points to a status quo in the matter of working hours. The explosive further growth in unemployment during 1993 brings the problem of low employment participation into sharp focus. As already mentioned in the introduction to this paper, in the autumn of 1993 employees reached a central agreement on ‘structural alterations in the Dutch economy’. The redistribution of work, greater pluriformity of working patterns and extended business hours are examples of recurring key topics. There is a shared realisation of the fact that the seriousness of the economic situation demands lasting changes: the road to simple and socially attractive regulations such as that leading to the VUT now seems closed. Creative and decisive ways of achieving change are needed. “Solidarity contracts” : Italy (from Costa, 1994) In Italy, “solidarity contracts” were introduced by the Act 863/1984 with the aim of favouring youth employment or avoiding collective dismissals from enterprises facing productive difficulties, by giving some incentives from the State in terms of financial support to wages. These contracts can be of two types: 1. “internal”: a reduction of working hours for employees in order to prevent a reduction of personnel (job-sharing). This is the more popular type; 2. “external”: a reduction of working hours for the engagement of new personnel. For many years these contracts did not have great success, being viewed with hostility both by employers (due to the high costs of the social contributions) and unions (due to their intention of preserving full employment for the workers). In this perspective, solidarity contracts received a new impetus from both social partners after a modification of the law by the Government, aimed at reducing social costs for companies and increasing flexibility in work contracts and working times. In fact the modifications to the Law no. 863/1984 made by the recent Law no. 236/1993 were aimed at stimulating the adoption of such contracts as an alternative to dismissals, by increasing flexibility in working times and benefit for companies. Those modifications deal with the following aspects in particular: • The reduction of working hours can be defined on a daily, weekly, monthly or annual basis. • Companies that adopt solidarity contracts with a reduction of working hours of over 20% of the contractual hours have a 25% (30% in the South) reduction in social security contributions. If the reduction of working hours is over 30%, the contributions are reduced by 35% (40% in the South). • The contracts can be stipulated at factory level and can last for a maximum of 24 months, with the possibility of being extended for another 24 months (that can become 36 in South Italy). • The workers receive a supplement to their salary equal to 50% (60% in the South) of the pay lost for the reduction of working time. This 41 Best Master 30/3/00 9:41 pm Page 42 supplement is tax free, and, moreover, the period of the solidarity contract is recognised as counting for pension rights. • Companies that use solidarity contracts to avoid recourse to the Wage Supplement Fund (“Cassa Integrazione”) in the period January 1993 – December 1995 will receive from the Government a further subsidy equal to 25% of the wages not due for the reduction of working hours, whereas the workers will receive 75% of the salary lost. • In cases of reorganisation, there is the possibility of reducing working hours by a maximum of 30% of contractual working hours (not more than 12 hours per week) in order to avoid reduction of personnel. According to an enquiry by the FILTEA-CGIL Trade Union in the textile sector, during the first 10 months of 1993 about 10,000 workers were involved in solidarity contracts which resulted in a reduction of 25-30% of working hours, but which created 2,500 new work places. Table 5.3 shows that these contracts are mainly agreed in the companies of northern Italy due to its greater industrialisation, and to the greater impact of the recession in this area. On the other hand, southern Italy faces higher unemployment that is in part compensated by government subsidies. Table 5.3 : Solidarity contracts in the textile sector : Italy Region No. contracts No. workers North 85 7777 Centre 27 1932 South 1 80 113 9789 Total Source: FILTEA, 1993, provisional data In a large mechanical company in Northern Italy, about 600 workers were involved in the application of solidarity contracts, with a reduction of 10 hours on average in their weekly working hours (from 40 to 30 hours), obtained according to the following work schedules: • blue collar workers: 8 hours/day from Monday to Thursday for 3 weeks (32 hours/week) and from Monday to Wednesday in the fourth week (24 hours); • white collar workers: weeks of full work (40 hours) alternating with weeks of forced rest. The most widely adopted measure (in many mechanical, electronic and textile companies) was the reduction of 10 hours per week, obtained by reducing the duty period by 2 hours each day. Flexibility of working hours When considering the need for increasing competitiveness in terms of work efficiency and quality, and for improving the relationship between working hours and occupational levels, it is necessary, on the one hand, to adapt the work done to market flexibility and timing and, on the other hand, to reduce as much as possible recourse to overtime in order to avoid damaging the economic position of the workforce and company. 42 Best Master 30/3/00 9:41 pm Page 43 In one of the most important Italian telecommunication companies, management and unions agreed recently on these possible interventions: • Recovery of overtime by a compensating reduction of working hours, or by extra rest days in a three-month period; otherwise, it will be paid. • A 24-month experiment in the flexibility of weekly working hours in order to better cope with the variability of market demand. This is obtained by lengthening (up to a maximum of 8 hours) or by shortening (to a maximum of 6 hours) weekly working hours. They must be compensated by a corresponding shortening or lengthening of the following working weeks in a 6-month period. In a large, international textile company, management and unions recently agreed on a flexible passage from normal day work to 2-shift work (morning 7-14, afternoon 14-21) to meet market demand. As a countermeasure the workers receive a 25% increase of salary, a 15-minute rest pause in each shift and a private bus service for transport from home to work. In cases of work peaks, weekly overtime must not exceed 5 hours per week (1 hour more per day or 5 hours on Saturday) and 96 hours per year altogether, and salary will be increased by 40%. Moreover, a larger amount of paid leave has been obtained: i.e. a) in cases of illness of children under 6 years of age (previously under 3 years) either to mother or father; b) up to 5 days at the time of children starting kindergarten or nursery school; c) 1 day in the case of the death of a close relative (for the next of kin) and in the case of the birth of a child. Some examples of agreements on working time recently registered in various work sectors in Italy Banks • limits for part-time work (7% of total personnel working full-time; 2% of new employees). Chemical • acknowledgement of the possible utilisation of part-time work; • a period of unpaid leave allowed for personal needs to workers having more than 5 years of length of service; • unpaid leave allowed to take care of relatives with severe diseases or drug addiction and handicap. Railway • unpaid leave for personal needs (depending on proved reasons) allowed for a maximum period of 18 months in 5 years; • part-time work, both horizontal and vertical, can be equal to 1/2 or, depending on production needs and on workers’ specific requests, to 2/3 of full-time work; it can last indefinitely or for limited periods of time, but not less than 6 months; • transfer from full-time to part-time work should be compatible with work reasons and applications should be accepted in at least 10% of cases. 43 Best Master 30/3/00 9:41 pm Page 44 Radio-TV broadcasting • priority for transfer from full-time to part-time work to workers with study or family reasons in the following order: a) with children under 3 years of age; b) student workers; c) other family reasons; • unpaid leave for justified private reasons for up to one year. Tourism • paid (reduced) leave allowed up to 6 months during the first year of life of the child and in cases of illness during its first 3 years; this right is also recognised for the father in cases of the mother’s incapacity. A number of other examples can be found in Costa (1994). Obviously, such possibilities concern both women and men, but women profit more from them, because of, on the one hand, their higher vulnerability in the labour market and, on the other hand, their difficulties in combining work and social times, mainly due to family duties. Volkswagen negotiations in 1995 In 1994, Volkswagen in Germany came to an agreement with IG Metall to reduce the working week for its 100,000 domestic employees in exchange for a guarantee that jobs would not be cut (at a time when low demand meant 30,000 of those jobs were not needed). According to newspaper reports in August 1995, personnel chief Peter Hartz was not willing to renew this agreement beyond the next two years, and was making counter-demands for Saturday work without overtime payments, and to increase the working week of 28.8 hours by 3.2 hours without a corresponding pay rise (Scotsman, 28.8.95). As this announcement was made during the negotiation process, this may not be the end of the story. It does, however, demonstrate the tensions between efficiency and job security that colour the climate in negotiations about working time in many countries. 44 Best Master 30/3/00 9:41 pm Page 45 Chapter 6: PRACTICAL EXAMPLES OF NEW SYSTEMS Practical flexible arrangements in Germany (from Knauth & Hornberger, 1994) In a company in the car industry, the following flexible working time arrangements have been set up: Figure 6.1 : Shift modules in the German car industry prolonged morning shift morning shift evening shift prolonged evening shift shifted permanent night shift permanent night shift 5:30 6:00 14:30 22:00 22:30 5:30 6:00 Source: Knauth and Hornberger (1994) 1. The shift planning is done by combining various shifts with different start and end time points and partially different durations. The most frequent combination is that of the 2-shift system, although 3-shift combinations can be found in some capital-intensive sectors. 2. In the same company, flexitime for 2-shift workers was achieved in the form of individual shift changes. Within the 15-minute flexitime span, work can be handed over between shift groups. In the computer centre of this company, where a 3-shift rotating system is worked, flexitime is available for all these shifts. 3. Progressive retirement is achieved in three steps, in which working time is reduced to 80 %, 60 % and 40 %, while salaries are reduced to 90 %, 80 % and 70 % correspondingly. In a concern in the service industry, the need for personnel varies during the year. The volume of working time is brought into line with the changing volume of tasks by means of flexitime, which enables each employee to work 6 to 10 hours per day. Time credits or debits can be transferred to the next month. According to the job volume and wishes of the employees, the monthly time accounts can be overdrawn. However, at the end of the year no more than 30 hours of credit or debit should be on the time account. 45 Best Master 30/3/00 9:41 pm Page 46 In the computer industry, a company offers individual annual hours agreements, i.e. the worker may extend or reduce his working time (per day, per week or per month). The lower limit is 50 % of the normal working time per week. In an insurance company, the average working time of employees is 36.25 hours per week, working 4 days a week on average. The flexible working time arrangement permits an operational time from Monday to Friday. The time span of work is between 6.30 and 19.00 hours, and after 18.00 hours the presence of an employee can only be voluntary. During the core time from 9.00 to 15.00 hours, 50 % of the working group must be present, whereas between 15.00 and 18.00 only one employee per department is required. On Fridays and days before bank holidays, working time is shorter and the required presence of employees is even less. A software firm of a German airline company offers its employees a choice every year about the length of working time between 30 and 40 hours per week as an average per year (the normal working time is 38.5 hours per week). At the same time, the amount of leave can be chosen between 20 and 40 days per year (normally 30 days). The only restriction is that the average working time of all the employees in one office must not, on average, be less than 37 hours per week in 1993, 36 hours in 1994 and 35 hours in 1995. The minimum attendance time per day is calculated as 50 % of the chosen weekly working time, divided by 5 and rounded up to the next half-hour. A customer-oriented shift plan was set up in the airport office of a travel agency (Figure 6.2). The work demand for personnel was as follows: Monday to Friday Saturday Sunday 8.00 9.00 18.00 8.00 10.00 – – – – – 9.00 18.00 20.00 15.00 14.00 1 employee 3 employees 1 employee 2 employees 1 employee The average working time is 38 hours per week. Figure 6.2 : Customer-oriented shift system in the airport office of a travel agency time week 1 week 2 week 3 week 4 Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su 6 8 10 12 14 16 18 20 22 working hours breaks working time per week 8 1 8 1 8 1 8 1 8 1 10 10 1 1 40 Source: Knauth and Hornberger (1994) 46 10 6.5 1 36.5 0.5 10 10 1 1 39.5 9 6.5 4 9 9 9 1 0.5 – 1 1 1 9 1 36 Best Master 30/3/00 9:41 pm Page 47 The absence of an employee during the holidays is solved by dropping the first week in the shift system. The personnel demand is thus reduced from 4 to 3 employees, the demand for personnel between 9.00 and 18.00 from 3 to 2 employees, and the weekly working time from 38 to 37.33 hours. Flexible working time in the metal industry (in North-Wuerttemberg and North Baden) In 1992, the results of an extensive study were published concerning the spread of flexible working times in the metal industry in North BadenWuerttemberg. These results showed that only 3 % of production workers made use of part-time work, either because of organisational problems or the opposition of the trade unions. Since 1990, working time quotas have appeared in a flexible form. These quotas make it possible to agree on a working time volume exceeding the average 37 hours per week for up to 18 % of the employees. However, not more than 40 hours per week are allowed, nor does the average working time of 37 hours per week have to be reached. Within this study, altogether 49 company agreements were analysed in order to find variations in working time arrangements. It could be seen that about 90 % of the company agreements included arrangements regarding the irregular distribution of working time, most of them concerning prolonged weekends. Only 32 % of the agreements enabled working time to be adjusted to capacity requirements. 39 % contain regulations regarding days off, and in 84 % of these decision-making is shared by employee and employer. Agreements regarding regular work on Saturdays (8 %), part-time (12 %), flexitime (2 %) and special shift systems (9 %) are seldom found. The intra-mural care sector in the Netherlands (from Van Hilst & Jansen, 1994) There is an increasing demand within the health care sector for more attention to the quality of the work of staff members, which has been prompted by various developments (e.g. dissatisfaction among colleagues, complaints about the heavy work pressure, a high rate of absenteeism due to sickness, and staff turnover). Also, since the care sector is increasingly dominated by cost control, market-oriented work will become more and more important. The realisation is dawning that current practices in work and break times, or shift rosters, can be causally linked to work pressure, absenteeism and staff turnover. Many rosters, though apparently well-designed, turn out in practice to be less than optimal, or even bad. The following point-by-point survey is not complete but does give an impression of roster problems. • At times, there is insufficient co-ordination between staffing and workload. There may be a wide variety of reasons for this. There is frequently an inadequate quantitative outlook on the amount of work or the demand for care. Thus, insufficient staff are present at certain times while too many staff are scheduled at others, leading to periods of either excessive workload or under-utilisation. The wide variety of employment contracts, and the fact that the deployment by roster of part-timers is strongly based on that of full-timers, greatly increase the chances of “misfits” between workload and staff availability. 47 Best Master 30/3/00 9:41 pm Page 48 • Many rosters do not meet with ergonomic (scientifically-based) roster principles which take particular account of physical and social aspects. Thus, “duty lists and free day schedules” are repeatedly characterised by: – lack of structure or unpredictability; – long blocks of shifts (it is not exceptional to have 7 – 8 consecutively); – backward rotations, whereby the breaks between two shifts are very short. • Many duty rosters are continually changed, setting up a vicious circle: personal holiday plans, a sudden demand for care, illness etc. often give rise to staffing problems. This leads to ad hoc changes in the shifts resulting in more inconvenient roster schedules. There is a resultant increase in pressure, sick leave increases ... and the circle is complete. On 1 January 1993, the Decree on Working Hours for Nursing or Care Institutions and Youth Care (the WBVV) came into effect, followed in February 1993 by a new Decree on Working Hours for medical practitioners and midwives (the WBGV). The WBGV is practically the same as the WBVV, though with broader opportunities for temporary deviation from the basic rules. The new Decree on Working Hours focuses on reducing work pressure and arriving at a more uniform application of regulations. Some key points are described in more detail. • The equalisation of similar work The scope of the Decree on Working Hours has now been extended to related types of work and institutions (including homes for the elderly), to which it did not originally apply. • Changes in the provision of care Different care and treatment methods lead to changes in the organisation of work and duties (such as small units and team nursing) and in work times and duty rosters. The “average” patient demands an increased workload, while a shifting of tasks between the institutions themselves (such as from nursing homes to homes for the elderly) means that there is a general increase in work pressure across the care sector. Interpretations of the new Decree on Working Hours attempt to address these factors by balancing the need for flexibility in the provision of care with that for tighter regulations for the protection of employees. An important element in the new legislation is the introduction of the concept of an on-duty period, including various measures in relation to the institution/the work: these include working time, accessibility and attendance shifts, time for taking essential courses, short “paid” rests and breaks lasting less than 8 hours. This last point means that the length of an on-duty block can be measured by looking for a consecutive break of at least 8 hours both preceding and following it. At the same time, the maximum on-duty period in a combination of “normal” services and a night attendance service (frequently called a sleeping shift) is limited to 18 hours. Within this period, a maximum of 11 hours can be worked. These rules make the common 24hour shift (8 hours working, 8 hours sleep and 8 hours working), with minor variations, impossible. This results in organisational problems for smaller working units in particular. Moreover, the legal break entitlement (a minimum of a half-hour unpaid 48 Best Master 30/3/00 9:41 pm Page 49 break after a maximum of 5.5 hours work) causes problems with low-staffed shifts. It goes without saying that the energetic involvement of workers’ organisations will be required to put these principles into practice. Holland Casinos (from Van Hilst & Jansen, 1994) The National Foundation for the Exploitation of Casino Activities in the Netherlands, or Holland Casinos, offers games of chance in eight establishments throughout the country. There are over 2,400 employees, of whom about 90% work irregular shifts, or “alternating shifts” as these are called at Holland Casinos. The Holland Casino management believes that a good human resources management policy is one of the critical factors in running a business successfully. One of its initiatives is the design of a policy to address the needs of ageing employees, which was based on a variety of factors. Investigations revealed that, despite the relatively young age of staff, many felt they were under heavy physical and psychological pressure. The relatively high level of income combined with the unique functions compared to the rest of the labour market lead to a low natural turnover, which means there will be considerable staff ageing over the next 20 years. In view of the level of pressure experienced, substantial measures were deemed necessary in relation to both working hours and periods on and off duty. Below are three components incorporated in this policy: (1) The introduction of modern roster principles in combination with shorter working hours, as follows: • types of shift kept to as few as possible; • a maximum of 5 or 6 consecutive shifts; • a maximum of 3 or 4 consecutive shifts of the same type; • a maximum of 10 consecutive on-duty hours (including 1 hour unpaid break); • roster cycle as short as possible; • a minimum of 10 hours rest between two shifts in the case of short shift blocks (maximum 4 consecutive shifts) and 11 or 12 hours between 5 and 6 consecutive shifts respectively; • a reduction in the average weekly working hours from 40 to 36; • extra free days for employees aged 50 and over. This last point provides a further reduction in working hours, reducing the pressure on older employees. The number of extra free days depends on age and the type of working arrangement, and is granted to part-timers on a pro-rata basis. The gradation varies from 4 days (day shifts for ages 50-54) to 30 days (alternating shifts for ages 60-64). These days should be placed in the roster in such a way as to reduce the roster burden. (2) A part-time facility for full-time employees, subsidised by the employer. This makes it possible to reduce working time by 20% to 30% in exchange for a gross pay reduction of 15% or 22.5 % respectively. Under this facility the collective free days will be granted pro-rata. Pension rights are protected by a continuing, unchanged pension accrual and (shared) premium payments. 49 Best Master 30/3/00 9:41 pm Page 50 (3) An early retirement option at the standard age of 62. The absence of state pension (until the age of 65) is compensated. Employees can also opt to retire at the age of 60. Experimental use of new shiftwork concepts in the car industry : France (from Gadbois 1994) A third crew in a car manufacturing plant: partial nightshift at Renault-Flins The Renault-Flins factory (with 10,000 employees in 1993, compared with 14,700 at the end of 1985) implemented a new type of shiftwork in April 1993: the addition of a partial nightshift to the semi-continuous two 8-hour shift system practised till then. This nightshift is done by employees on fixed shifts. They receive a 20% increase and work 32 hours a week, spread over five consecutive nights: 4 nights of 5 h 45 min (8.18 p.m. to 2.03 a.m., Monday to Thursday) and one night of 9 hours (8.18 p.m. to 5.18 a.m. on Fridays). The production lines must stop operating for four hours every night to allow maintenance of the paint-spray cabins. The introduction of this additional crew is accompanied by an alteration of the hours of employees in two 8-hour alternating shifts: the working week is reduced from 40 h 40 min of attendance to 37 h of actual work and attendance (by a 10-minute reduction per week in work time, transfer of time used for meal breaks and on-site movement to the end of the workday, and a 10-minute reduction per week of other break times). The daily work pattern is: – morning shift: 5 a.m. to 12.20 p.m. or 5.30 a.m. to 12.42 p.m. – afternoon shift: 12.20 p.m. to 7.48 p.m. or 12.42 p.m. to 8.18 p.m. The introduction of this work pattern was tied to the start of manufacture of a new model (Twingo), and was designed to increase output (from 1,550 to 2,150 cars daily) and the workforce (by an estimated 1,000). An agreement on this project had been signed with the unions in March 1990, but was only implemented two years later. Four 10-hour shifts: two alternating 10-hour shifts four days a week, abandoned by the Peugeot-Poissy car production plant Four 10-hour shifts were implemented at the Peugeot-Poissy plant in 1990. They allowed operation of the production lines for 20 hours per day, and for a total of 96 h 15 min per week. In August 1993, with the automobile market down an estimated 15%, an agreement was signed between management and unions for the replacement of this system by another in which production would be reduced to 77 h per week and output from 1,500 to 1,200 cars. The work patterns are now based on a four-week cycle: • two weeks of morning shifts, from 6.15 a.m. to 3.24 p.m. (i.e. 9 h 11 min per day) for five days from Monday to Friday, followed by • two weeks of afternoon shifts from 3.24 p.m. to 0.33 a.m. (i.e. 9 h 9 min per day) for four days from Monday to Thursday. The daily total includes a mealtime of 36 min. The weekly work time is 42 h 45 min for 5-day weeks and 34 h 15 min for 4day weeks, i.e. an average week of 38 h 30 min over the whole cycle (this is unchanged compared with the previous situation). Over one year, employees have 23 three-day weekends (Friday, Saturday, Sunday). 50 Best Master 30/3/00 9:41 pm Page 51 Women work the same hours as men, but are exempted from nightwork when pregnant and, on request, after maternity leave, up to the child’s second birthday. Experiments with a reduction of worktime in Belgium (from Léonard 1994) For companies with semi-continuous work formats, one re-arrangement of work time involves accentuating the shift work through the integration of an additional work crew. In the textile sector, a mill at Kortrijk conducted a reallocation involving some 80 of the 535 workers. This experiment took place in an advanced technical department where the system now involves 4 crews (working 6-hour shifts 6 days per week). The transition from 40 to 36 hours per week (which was carried out without a loss in salary) plus the implementation of an additional work day (Saturdays) allowed for the integration of a fourth work crew. This system, motivated by economic reasons, was acceptable thanks to certain humanising changes (e.g. productivity bonuses, additional days off, improvement of working conditions); work on Saturday deprives people of taking part in many activities outside the workplace which are especially concentrated at weekends. A company from Ghent in the textile industry experimented with a new work-time system in the weaving department, involving 44 people out of 568. The work week had been fixed at 8 hours Monday to Saturday. In order to arrive at a 36-hour schedule, each of the 4 crews benefits from one week off every three weeks, so that three shifts relieve each other day and night. The former annual revenue is thus guaranteed. Although highly praised for economic reasons, this system nevertheless poses certain problems. Vacation days must be taken during the rotational time off, yet Belgian legislation requires that two consecutive weeks of vacation be given. The employer allowed workers to exchange places within the work crews in such a way so as to ensure a few consecutive weeks off : in practice, in order to benefit from two weeks off, the wage-earning worker will have to work 6 weeks in a row at the rate of 48 hours per week! The impossibility of the entire staff exchanging work shifts during the “normal” vacation period means that some people no longer take their vacation at the same time as the rest of their family. On the whole, the evaluation of this new system by the employees tells us that only a small majority of workers prefer this system of 4 work crews instead of the traditional 3, due to the free week in rotation. This preference is less common among the men, and the loss of three Saturdays out of four makes participation in communal life difficult. In a continuous system, the development of a fifth work crew allowed a transition from a 38- to a 36-hour week and an increase in the number of days off between rotations (3-4 versus 2-3). In the same way, the length of rotational posts diminished. Here are three examples : (1) A factory in Ruisbroek producing phosphoric acids and fluoride salts and employing 365 workers uses a five-crew three-shift system in the following way: there is a morning shift, an afternoon shift, an evening shift, a daytime “cover” crew whose sole responsibility is to ensure the replacement of continuous workers who are absent, and a fifth crew that is off duty. Four days of work are followed by a four-day period of rest, which seems to reduce the workers’ state of fatigue, resulting in lower absenteeism – which, in turn, results in less demand for replacements by 51 Best Master 30/3/00 9:41 pm Page 52 the cover crew, giving them a less tiring routine. Work is for 8 hours a day with a weekly average of 36 hours. (2) The second company, situated in the region of Ghent, employs 87 workers and produces plastic film. Three shifts work in succession, with two other work crews being off (8 hours/day, 36 hours/week). In order to compensate for the 10% reduction in work time, it was decided to adjust salaries and bonuses. Absenteeism was reduced due to a shorter work week, and the increase in free time had a positive influence on family life, yet the designation of vacation days by the administration made it difficult to organise family or group activities. Generally, this reduction of work time should have brought about a better arrangement of time for recreational activities so as to encourage flexibility in the work schedule at the company level. (3) Yet another model is that of Continental Foods, which hires five new workers for 5 hours per day every time that five existing workers agree to stay just 5 hours instead of 8. Preference is given to family members who are out of work, provided that they possess the necessary qualifications. The government provides allowances that benefit both employer and employee (e.g. reductions in employers’ social security contributions and employees’ income tax deductions). Telework and tele-learning (from Léonard 1994) ABB’s experience of telecommuting Since most insurance agents and brokers communicate with their home office via information (telecommunication) systems, ABB – for a one-year trial period, which has since been renewed – allowed four translators employed through its office at Leuven to work at home for three days a week with payment equivalent to the other workers on salary. The company provided the financing to install the computers and telecommunications equipment at their homes. Telecommuting is not yet mentioned within our legislation. How can lighting and hygiene standards be regulated for work at home? Should remuneration be based on task, amount produced or time spent “at work”? It is not yet known which is the best model for telework. Home-based translators at Janssen Pharmaceutica Translators have worked at Janssen Pharmaceutica in Beerse (in the Dutch region) for ten years. Those who are French-speaking had to face the dilemma of either integrating into the local population or coping with the long, tiring journey between Brussels and Beerse. Management proposed that they work in the company’s Brussels location, but as the offices would be too small, telework was also suggested as a solution. Under this work system, the translators receive and send back texts by modem. Communications are very easy, and the volume of work is similar to that at the office. They work when they want, day or night, although they have to stay at home during office hours for messages, answers, and inquiries. Every two months they go to the Beerse office. Advantages for the workers : • flexibility (very important for those with children) • less stress 52 Best Master 30/3/00 9:41 pm Page 53 • more choice about where to live • more freedom Advantages for the company : • better output • geographically wider labour market. However, there is no legislation for this situation in Belgium. Teleworking references An extensive review of teleworking was written by Huws, Korte and Robinson in 1990, reporting on a 1987 survey of 14 managers and 119 teleworkers in the UK and Germany, but also containing a wide review of many of the complex issues that are involved in telework. Huws has more recently reported on a much larger survey in 1992 of 1003 employers in the UK, 113 of whom employed some teleworkers (Huws, 1993). The European Foundation for the Improvement of Living and Working Conditions has published a series of booklets about telework, including a short practical “European guide to teleworking” (Moorcroft & Bennett, 1994). Telelearning IBM Belgium offers its facility for use of AS/400 by modem. This change in the accessibility of learning materials is predicted to expand massively and greatly change patterns of education in the next ten years. 53 Best Master 30/3/00 9:41 pm Page 54 Chapter 7: SOCIAL ISSUES Action for women in Italy (from Costa 1994) In April 1991 the Italian Parliament passed Law n. 125 concerning “Positive action for the realisation of the equality of treatment between men and women in matters of employment”. This law can justly be seen as one of the most important laws for the achievement of a person’s rights. It recognises the disadvantage that women suffer with regard to the workplace, professional training and, more generally, social organisation. This disadvantage still persists in spite of the constant increase in women’s education. The main criteria inspiring the legislation are concerned with the promotion of women’s resources, attitudes and characteristics, which are today more available for use in the work organisation. In this context, the theme of working hours must receive particular attention as it can be a restriction, but also an opportunity, for women. Therefore, part-time work, rights to leave, and flexibility of working hours are being increasingly negotiated at contractual level. These problems have been extensively debated in women’s committees for equal opportunities at different contractual levels, and most renewed work agreements are concerned with them to a greater or lesser extent. The results are quite varied in different work sectors: • Attitudes to part-time work range from the simple acknowledgement that “it can be a useful tool both for companies and workers” (mechanical sector) to the introduction of a “certain quota of part-time jobs within the global limit of 3% of the work force” (textile sector). • Unpaid leave can now apply to manual workers and not only to clerical staff, as it was before. It can last from 3 months in some contracts, up to 18 months in others. In some cases it is allowed only in the case of “severe and proved personal needs”. In all the contracts, however, temporary special leave is allowed to parents of drug-addicted or handicapped persons. The governmental social project : Belgium (from Léonard 1994) There are two main points of interest: 1. the redistribution of work; 2. the encouragement of part-time work through the reduction of salary costs (so that two half-time positions cost less than one full-time position), and a simplification of the status of part-time workers. A reduction of total employer’s costs can be achieved by those companies who put into effect a company-wide plan for the redistribution of work, through which they bring about a clear-cut increase in their workforce. For the public sector, the redistribution of work would be brought about through part-time contracts, temporary contracts in succession, and intermittent work. As for the creation of jobs, the emphasis is placed on flexibility, including: 54 Best Master 30/3/00 9:41 pm Page 55 • the possibility of making successive contracts of limited duration; • implementation of the law concerning intermittent work; • fixing the global median length of work on an annual basis; and • reduction of the extended period of notice due with length of service to long-served employees. Local employment services would be created in each community in order to put the unemployed to work at jobs of general and social interest (caretakers, orderlies, etc.). Example : GAN insurance GAN (Insurance Company in Belgium), which employed 350 men five years ago, now employs 220 men. The management had the choice of dismissing eight office workers or instituting a week of 32 hours (4 x 8 hours work instead of 5 x 7 hours 23 minutes) for 40 volunteers from the office workers, who would give up 10 % gross of their salary (5% net). Those on the lowest salaries and the remuneration of trainees would remain unaffected. The volunteers stay at home one day a week, but this free day changes every quarter. Since 1976, the problems of work-sharing have been superseded in Belgium by a central political decision on the reduction of the working week, which was then overtaken in 1983 by a strict limitation of overtime hours and the obligation to recruit part-time workers in the public sector. In 1983, Belgium was one of the countries with the shortest annual work length – 1510 hours, in comparison to 2100 hours for Japan, 1650 hours for France and 1870 hours for the United States. This new organisation provides for extended time for utilisation of machinery combined with a reduction of working time through additional work crews. If the time for utilisation of machinery is extended, the usage cost of equipment is reduced, leaving the problem of salary compensation (or omission) for the workers’ reduced hours. Certain people believe that accepting a reduction in pay constitutes good citizenship; others are willing to accept some inconveniences in the schedule, provided they are compensated in salary. Several recent projects and expert assessments attest to the diversity of the solutions proposed. Three conclusions can be made, which are further discussed below: 1) An increase in the number of crews (work divided between two or three shifts) is the most efficient formula economically and the most acceptable socially. 2) Extension of work to Sundays and at night, beyond the technical restrictions for certain equipment, is rarely an efficient measure and is often socially rejected. 3) Annualising working hours can achieve effective results in some cases. 1) On the first point, individualised schedules which open short work periods at the beginning and end of work should be noted. Thus, an initial schedule of 8.30 am – 5.30 pm (9 hours) could be expanded to 11 hours (8 am – 7 pm) with two flexible work periods from 8-10 am and 4-7 pm, and a fixed period from 10 am – 4 pm. There is an extension in the utilisation of capital without a salary increase, and hence a greater amount of freedom in the employees’ schedule. This is more commonly found in the service sector, with its high 55 Best Master 30/3/00 9:41 pm Page 56 proportion of female workers, than in the industrial sector, where technical constraints such as the use of material, or the necessary manning of a certain type of machine, probably hinder its application. Automation will progressively allow for a partial lifting of these constraints. A second approach is to have overlapping work crews, which is a structured form of individualised schedules and allows a capacity operation to produce more, especially if this overlapping is accentuated. It is true that there is a risk of an additional inconvenience for either an early morning schedule or a very late one, but this inconvenience can be modified by a schedule reduction. Thus, one company lengthens its operational time by two hours but with seven-hour instead of eight-hour days. Instead of the 8.30 am – 12.30/1.30 pm – 5.30 pm schedule, one crew works 7.30 am – 12 noon/1 pm3.30 pm while another works 11.30 am – 1 pm/2 pm – 7.30 pm. If the market expands, it can go directly to successive crews. This kind of reorganisation could be extended to include the work periods of 6 – 7 am and 7 – 8 pm, using individuals who work shorter six- and sevenhour days. This is a possible alternative, short of the transition to two crews using the traditional 2 x 8 working shifts. The transition into three work crews is full of inconveniences. Also, some have moved in favour of 3 crews for 32 hours, each working 8 hours for 4 days. One example has one crew working 6 am – 2 pm. from Monday to Thursday : here, there is a morning burden, but then there are three and a half days off. The second crew works 2 pm – 10 pm from Wednesday to Saturday. The third crew works 6 am – 2 pm on Friday and Saturday, and 2 pm – 10 pm on Monday and Tuesday. For this third group, there are clearly changes in habits that must be dealt with, but in compensation there is a break of five days off. Of course, this is only possible in an extreme case where the machinery can be run for 96 hours a week without encountering any obvious inconvenience from night work or Sundays. From a financial point of view, there are increased costs linked to this type of organisation. 2) There are sociological problems brought about by work on Sundays. An interesting formula consists of four 9-hour shifts (4 x 9) from Monday to Thursday, and three 9-hour shifts (3 x 9) from Friday to Sunday, each with the same salary. The machinery functions for 63 hours per week for an average weekly work length of 31.30 hours (36 + 27 divided by 2). 3) Annualisation of work does not necessarily lead to an expansion in the utilisation time for machinery. For example, companies engaged in seasonal employment can avoid both overtime hours during the season and unemployment compensation in the off-season. An increase in the number of crews could reduce the length of the off-season, but two points must be considered: • Experience has shown this system is often difficult to put into effect, especially when personnel are not capable of moving from one job to another. • For regular employees, this extension does not mean a lengthening of production time, but rather its distribution over a longer period. Because of this, one variation is to hire a crew of temporary workers for a few months. The utilisation time of machinery is improved, and later, if required, these temporary workers can be hired outright by the company. 56 Best Master 30/3/00 9:41 pm Page 57 Chapter 8: RESEARCH AND DEVELOPMENT Diskus Classification: Lowering the barriers in planning problems (from Van Hilst & Jansen, 1994) Van Hilst and Jansen (1994) report fully about work by the Diskus Foundation, which aims to support planners in preparing plans and rosters of high quality. Appendix C contains a longer description of this work, which has already generated roster systems in the health care sector. Work has also been carried out on an “allowances matrix”, which aims to deal with some of the problems arising from inflexibilities that appear to arise from the commonly used systems of allowances for different work periods. This has been extended into an “integrated matrix”, which tries to deal with the fact that the baseline contracts of staff may be for varying numbers of hours. See Appendix C for further details of this interesting development. Allowances paid and inconvenience experienced – Balance between workload and compensation Parallel to developments in relation to flexibility and pluriformity in working hours are trends which focus on the design of regulations governing working hours seen from the perspective of safety, health and welfare at work. Various signals point to there having been a considerable increase over recent years in work pressure within organisations. One of these signals is statistical evidence on sick leave and work disability, where the cause of absenteeism is increasingly of a psychological or psychosomatic nature. Specific research into work stress and work pressure reveals the same trend. An important reason for the increase in work pressure would seem to be that organisations are obliged to increase their productivity. In many cases this means that the work tempo must be increased, that there are fewer people to carry out more work, and that employees must work with newer and faster methods and techniques which they need time to master. The reduction in working hours during the 1980s is also held responsible for some of the increased work pressure. Regulations governing break times, overtime, and the numbers and quality of staff are also relevant to the issue of work pressure. There is also great concern in the Netherlands about sick leave and work disability in relation to working conditions. This has recently led to a number of new legal measures which aim to optimise working conditions under the joint responsibility of both employer and employee. Working hours are a particularly relevant topic here. Recent research has examined the degree to which paid allowances for inconvenient working hours correlate to the actual inconvenience experienced during those working hours (Van Limborgh, 1993). This correlation hardly seems to exist: the roster allowance paid is not the expected reflection of the inconvenience experienced. According to this research, evening shifts would seem to be far less stressful than the compensation would suggest. At best, the compensation indicates what employers and trade unions jointly believe to be the inconvenience of certain working hours. 57 Best Master 30/3/00 9:41 pm Page 58 The characteristics of the roster are not in themselves, however, a major factor in determining the level of the allowance. The research concentrates on the weight that is felt should be accorded to inconvenience factors, how these factors influence one another, and what increases, or what compensates for, a specific degree of inconvenience. In the current research, a restricted group of employees (555 people from five organisations) were asked to allocate a score to rosters and their characteristics, in terms of inconvenience. There are some interesting initial results. First of all, it seems that differences in commercial background, function characteristics and conditions of employment have no influence on the scores for comparable rosters. Further, it seems that allowance systems lean too heavily on financial compensation for evening, night and weekend shifts. Roster characteristics such as the length of a sequence of consecutive shifts in one block and the number of shift switches within a sequence have an influence on the perceived inconvenience, which is insufficiently reflected in allowances at present. Furthermore, an interesting finding relates to the compensational value of evening shifts: as the proportion of evening shifts increases, the inconvenience of the roster decreases! This means that the usual “ranking” of allowance levels for standard shifts would change significantly. Compared to the inconvenience factor of day shifts, which is set at 100, the 2-shift schedule has a very favourable score of 89.3 due to the “compensating” effect of the evening shifts it contains. The 3-shift schedule, with a score of 103.8, should be hardly less favourable than the day shift in terms of inconvenience experienced. The continuous 4-shift schedule is clearly the most inconvenient at 132.9, which is the result of long shift sequences (2 per sequence), only one weekend in four off, and the high working hours; the continuous 5-shift schedule has a relatively favourable score at 111.5, because of the short shift sequences, the greater number of free weekends and the considerably lower working hours. Based on these initial results, the researcher argues that the allowance levels applied in practice provide little information about the degree of inconvenience experienced in the relevant shift rosters. This research may be taken up again in a future edition of BEST. Quality of life and quality of sleep in two different organisational modes Léonard (1994) reports on a study his organisation has carried out which is of some general interest, because of the problems addressed and because part of the study took place in a factory where his organisation had installed rotations two years previously. Thus, they were able to monitor the results of the installation of short-term rotations. Company A is made up of 193 people, and produces industrial and household packaging. The study focused on the extrusion department, which consisted of 5 crews of 4 workers plus a foreman. The length of the work week is 37 hours. The machinery functions 24 hours a day, with the exception of a 9-day complete break at the end of December. Each worker performs 3 sessions of 2 days in a ten-day cycle (6 days of work and 4 days of rest). This means, in theory, that each worker puts in 1688 hours (211 days + 8 hours) per year. In reality, the deficit of hours brought about through the 5 crews is compensated by the submission of overtime hours, which are not determinable in advance by the administration. 58 Best Master 30/3/00 9:41 pm Page 59 Schedule format: 2M – 2A – 2N – (4R). M=Mornings. A=Afternoons. N=Nights. R=Rest. The shifts are for 8 hours, beginning at 5 am, 1 pm and 9 pm. The researchers had wanted, in vain, to change the hour at which the shifts begin, but ending work at 1 pm when on morning shift (which offers a great number of possibilities for free time) and going to bed at 5 am after night shift (when there is less noise and the free time available after resting is useful) were both attractive features to the company’s employees, who mostly reside in the country. In order to allow staff to take 20 days of vacation time during the summer, a sixth crew, coming from another department and made up of three people, takes over. The schedule during this period is thus 4M – 2R – 4N – 1R – 4A – 1R, which was the schedule before the intervention. The new system began on 1/1/91. Company B makes polypropylene wrapping and employs 146 people. Of these, 85 are employed in production on a schedule changing at 6 am, 2 pm, and 10 pm, with an average work week of 37 hours. Schedule format is 5M – 2R – 5A – 2R – 5N – 6R; the machinery functions all year round. The work cycle lasts 25 days (15 work days and 10 days of rest). During vacation, one line is stopped and the number of crews changes from 5 to 4 (5M – 2R – 5A – 2R – 5N – 1R). The personnel samples are similar in their format for other activities in the company. Muriel Swiderski Ulg, the director of the study, issued two kinds of questionnaires: the first on the quality of sleep, whose objective was to obtain information on how the subject perceives his sleeping habits; and the other on the quality of life, whose objective was to link the possibility of consecutive sleeping disorders within the work schedule to the way in which the subject organises his life. These surveys were first tested on a small group, and no significant difference was found. This study should be complemented by an objective survey on sleep. However, quality of life is perceived to be clearly better in short-term rotations, with a high percentage of participation in other types of activities and in interaction outside the company. The greater amount of flexibility provided by Company A’s organisation could contribute to this better quality of life, at least to some extent. Shiftwork depends on the individual’s situation Léonard (1994) comments on the results of a survey which tend to prove that the effects of shiftwork are not exclusively contingent upon the schedule, the cycle or the work routine; and that other factors such as the age or sex of the worker (which indicate reduced endurance for shiftworkers) were important, in that older workers were more inclined to short-term cycles than younger ones. He also found that single people were less well-adapted to shiftwork. In this study, the work routine does not influence the distribution of activities outside the workplace. The weight of social factors remains to be determined. It could thus be said that it is more a question of the shiftworker than of shiftwork. 59 Best Master 30/3/00 9:41 pm Page 60 References: AXA (1993) Aménagements du temps de travail (Working time arrangements). Liaisons sociales 6937. BATTISTONI, L. and GILARDI, G. (1992) La parità tra consenso e conflitto (Equality between agreement and conflict). Ediesse, Rome. BEATSON, M. (1994) Labour market flexibility. Employment Department Research Series. (London: Department of Employment.) BOSWORTH, D. (1994) Shiftwork in the U.K.: evidence from the LFS. Applied Economics, 26, 617-626. BRICOLAGE (1993) Travail à temps partiel (Part-time work). Liaisons sociales-Législation sociale, 6911. BUÉ, J. and ROUX-ROSSI, D. (1993) Le travail de nuit des femmes dans l’industrie: les enseignements d’une étude monographique (Night work by women in industry). Travail et Emploi, 19-33. CAO afspraken 1991 – 1992 (Collective Labour Agreements for 1991 – 1992). Dienst Collectieve Arbeidsvoorwaarden (DCA), ’s Gravenhage: Vuga uitgeverij, 1993. CBS (1993) Centraal Bureau voor de Statistieken (CBS) (Central Bureau for Statistics) ’s Gravenhage: SDU uitgeverij. COSTA, G. (1994) News on working time in Italy. (Dublin: European Foundation for the Improvement of Living and Working Conditions.) CUCCHIARELLI, A. (1990) (ed): L’orario di lavoro in Italia e in Europa (Working hours in Italy and Europe). Datanews, Roma. DIRKX, J., JANSEN, B. and VAN GOUDOEVER, B. (1993/1994) Verpleegkunde en Roosterdiensten (Nursing and Roster Shifts), Handboek Verpleegkunde, België. DUSSERT, F. and VINCK, L. (1993) Les horaires de travail en 1991 (Hours of work in 1991). Dossiers statistiques du travail et de l’emploi 98-99, 1-245. (Ministère du travail, Masson, Paris.) FIM-CISL (1993) Contratti di solidarietà (Solidarity contracts). FIM strumenti, 26. Milano. GADBOIS, C. (1994) News and trends in working time in France. (Dublin: European Foundation for the Improvement of Living and Working Conditions.) HUWS, U. (1993) Teleworking in Britain. Employment Department Research Series No. 18. (Sheffield: Employment Department Research Management Branch, Moorfoot, Sheffield S1 4PQ.) HUWS, U., KORTE, W.B. and ROBINSON, S. (1990) Telework: Towards the elusive office. (Chichester: John Wiley & Sons.) IDS (1993a) Shiftworking. Incomes Data Services Study No. 526, March 1993. IDS (1993b) Annual Hours. Incomes Data Services Study No. 544, December 1993. 60 Best Master 30/3/00 9:41 pm Page 61 IDS (1994) Overtime. Incomes Data Services Study No. 559, August 1994. JANSEN, B. (1992) Roosterontwerp bij Holland Casino’s: van theorie naar praktijk (Roster design at Holland Casinos: from theory to practice). Cahiers d’Ergonomic, nr. 6. KNAUTH, P. and HORNBERGER, S. (1993) Trends in working time in Germany. (Dublin: European Foundation for the Improvement of Living and Working Conditions.) LÉONARD, R. (1994) Trends in working time in Belgium. (Dublin: European Foundation for the Improvement of Living and Working Conditions.) MINISTÈRE DU TRAVAIL (1990) Bilan de la négociation collective, Paris. MINISTÈRE DU TRAVAIL (1991) Bilan de la négociation collective, Paris. MINISTÈRE DU TRAVAIL (1992) Bilan de la négociation collective, Paris. MOORCROFT, S. and BENNETT, V. (1994) European guide to teleworking: A framework for action. (Dublin: European Foundation for Living and Working Conditions.) OSA (1993) OSA Trendrapport Aanbod van Arbeid 1993 (OSA Trend Report Work Availability). ’s Gravenhage: SDU uitgeverij. OUWEHAND, J.J. (1994) De beloning van flexibele werktijden (The rewards for flexible working hours). Gids voor Personeelsmanagement, 1, 33 – 36. SER (1992) Herziening Arbeidswet 1919 – 92/05 (Review of the Factories Law 1919 -92/05) ’s Gravenhage: Sociaal Economische Raad (SER). VAN HILST, B. and JANSEN, B. (1994) Developments in working hours in the Netherlands. (Dublin: European Foundation for the Improvement of Living and Working Conditions.) VAN LIMBORGH, C. (1993) Ploegentoeslag: de bezwaarlijkheid beloond (Shift Allowances: Rewarding Inconvenience). Gids voor Personeelsmanagement, 9, 23 – 27. WATSON, Gary (1992) Hours of work in Great Britain and Europe: evidence from the UK and European Labour Force Surveys. Employment Gazette, 100, 11 (November 1992), 539-557. WATSON, Gary (1994) The flexible workforce and patterns of working hours in the UK. Employment Gazette, 102, 7, (July 1994), 239-247. 61 Best Master 30/3/00 9:41 pm Page 62 Appendix A: The final text of the European Directive on the organisation of working time COUNCIL DIRECTIVE 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health of workers; Whereas, under the terms of that Article, those directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings; Whereas the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (4) are fully applicable to the areas covered by this Directive without prejudice to more stringent and/or specific provisions contained therein; Whereas the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council held at Strasbourg on 9 December 1989 by the Heads of State or of Government of 11 Member States, (1) (2) (3) (4) 62 and in particular points 7, first subparagraph, 8 and 19, first subparagraph, thereof, declared that: ‘7. The completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community. This process must result from an approximation of these conditions while the improvement is being maintained, as regards in particular the duration and organization of working time and forms of employment other than open-ended contracts, such as fixed-term contracts, part-time working, temporary work and seasonal work. 8. Every worker in the European Community shall have a right to a weekly rest period and to annual paid leave, the duration of which must be progressively harmonized in accordance with national practices. 19. Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made.’; Whereas the improvement of workers’ safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations; Whereas this Directive is a practical contribution towards creating the social dimension of the internal market; Whereas laying down minimum requirements with regard to the OJ No C 154, 9. 10. 1990, p. 4. OJ No C 72, 18. 3. 1991, p. 95; and Decision of 27 October 1993 (not yet published in the Official Journal). OJ No C 60, 8. 3. 1991, p. 26. OJ No L 183, 29. 6. 1989, p. 1. Best Master 30/3/00 9:41 pm Page 63 organization of working time is likely to improve the working conditions of workers in the Community; Whereas, in order to ensure the safety and health of Community workers, the latter must be granted minimum daily, weekly and annual periods of rest and adequate breaks; whereas it is also necessary in this context to place a maximum limit on weekly working hours; Whereas account should be taken of the principles of the International Labour Organization with regard to the organization of working time, including those relating to night work; Whereas, with respect to the weekly rest period, due account should be taken of the diversity of cultural, ethnic, religious and other factors in the Member States; whereas, in particular, it is ultimately for each Member State to decide whether Sunday should be included in the weekly rest period, and if so to what extent; Whereas research has shown that the human body is more sensitive at night to environmental disturbances and also to certain burdensome forms of work organization and that long periods of night work can be detrimental to the health of workers and can endanger safety at the workplace; Whereas there is a need to limit the duration of periods of night work, including overtime, and to provide for employers who regularly use night workers to bring this information to the attention of the competent authorities if they so request; Whereas it is important that night workers should be entitled to a free health assessment prior to their assignment and thereafter at regular intervals and that whenever possible they should be transferred to day work for which they are suited if they suffer from health problems; Whereas the situation of night and shift workers requires that the level of safety and health protection should be adapted to the nature of their work and that the organization and functioning of protection and prevention services and resources should be efficient; Whereas specific working conditions may have detrimental effects on the safety and health of workers; whereas the organization of work according to a certain pattern must take account of the general principle of adapting work to the worker; Whereas, given the specific nature of the work concerned, it may be necessary to adopt separate measures with regard to the organization of working time in certain sectors or activities which are excluded from the scope of this Directive; Whereas, in view of the question likely to be raised by the organization of working time within an undertaking, it appears desirable to provide for flexibility in the application of certain provisions of this Directive, whilst ensuring compliance with the principles of protecting the safety and health of workers; Whereas it is necessary to provide that certain provisions may be subject to derogations implemented, according to the case, by the Member States or the two sides of industry; whereas, as a general rule, in the event of a derogation, the workers concerned must be given equivalent compensatory rest periods, HAS ADOPTED THIS DIRECTIVE: SECTION 1 SCOPE AND DEFINITIONS Article 1 Purpose and scope 1. This Directive lays down minimum safety and health requirements for the organization of working time. 2. This Directive applies to: (a) minimum periods of daily rest, weekly rest and annual leave, to breaks and maximum weekly working time; and (b) certain aspects of night work, shift work and patterns of work. 3. This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Article 17 of this Directive, with the exception of air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and the activities of doctors in training; 63 Best Master 30/3/00 9:41 pm Page 64 4. The provisions of Directive 89/391/EEC are fully applicable to the matters referred to in paragraph 2, without prejudice to more stringent and/or specific provisions contained in this Directive. Article 2 Definitions For the purposes of this Directive, the following definitions shall apply: 1. working time shall mean any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice; 2. rest period shall mean any period which is not working time; 3. night time shall mean any period of not less than seven hours, as defined by national law, and which must include in any case the period between midnight and 5 a.m.; 4. night worker shall mean: (a) on the one hand, any worker, who, during night time, works at least three hours of his daily working time as a normal course; and (b) on the other hand, any worker who is likely during night time to work a certain proportion of his annual working time, as defined at the choice of the Member State concerned: (i) by national legislation, following consultation with the two sides of industry; or (ii) by collective agreements or agreements concluded between the two sides of industry at national or regional level; 5. shift work shall mean any method of organizing work in shifts whereby workers succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks; 64 6. shift worker shall mean any worker whose work schedule is part of shift work. SECTION II MINIMUM REST PERIODS -OTHER ASPECTS OF THE ORGANIZATION OF WORKING TIME Article 3 Daily rest Member States shall take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period. Article 4 Breaks Member States shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a rest break, the details of which, including duration and the terms on which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, failing that, by national legislation. Article 5 Weekly rest period Member States shall take the measures necessary to ensure that, per each sevenday period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours’ daily rest referred to in Article 3. The minimum rest period referred to in the first subparagraph shall in principle include Sunday. If objective, technical or work organization conditions so justify, a minimum rest period of 24 hours may be applied. Article 6 Maximum weekly working time Member States shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers: 1. the period of weekly working time is limited by means of laws, regulations or administrative provisions or by Best Master 30/3/00 9:41 pm Page 65 collective agreements or agreements between the two sides of industry; 2. the average working time for each seven-day period, including overtime, does not exceed 48 hours. Article 7 Annual leave 1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice. 2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated. SECTION III NIGHT WORK – SHIFT WORK – PATTERNS OF WORK Article 8 Length of night work Member States shall take the measures necessary to ensure that: 1. normal hours of work for night workers do not exceed an average of eight hours in any 24-hour period; 2. night workers whose work involves special hazards or heavy physical or mental strain do not work more than eight hours in any period of 24 hours during which they perform night work. For the purposes of the aforementioned, work involving special hazards or heavy physical or mental strain shall be defined by national legislation and/or practice or by collective agreements or agreements concluded between the two sides of industry, taking account of the specific effects and hazards of night work. (b) night workers suffering from health problems recognized as being connected with the fact that they perform night work are transferred whenever possible to day work to which they are suited. 2. The free health assessment referred to in paragraph 1(a) must comply with medical confidentiality. 3. The free health assessment referred to in paragraph 1(a) may be conducted within the national health system. Article 10 Guarantees for night-time working Member States may make the work of certain categories of night workers subject to certain guarantees, under conditions laid down by national legislation and/or practice, in the case of workers who incur risks to their safety or health linked to night-time working. Article 11 Notification of regular use of night workers Member States shall take the measures necessary to ensure that an employer who regularly uses night workers brings this information to the attention of the competent authorities if they so request. Article 12 Safety and health protection Member States shall take the measures necessary to ensure that: 1. night workers and shift workers have safety and health protection appropriate to the nature of their work; 2. appropriate protection and prevention services or facilities with regard to the safety and health of night workers and shift workers are equivalent to those applicable to other workers and are available at all times. Article 9 Article 13 Health assessment and transfer of night workers to day work Pattern of work 1. Member States shall take the measures necessary to ensure that: (a) night workers are entitled to a free health assessment before their assignment and thereafter at regular intervals; Member States shall take the measures necessary to ensure that an employer who intends to organize work according to a certain pattern takes account of the general principle of adapting work to the worker, with a view, in particular, to alleviating monotonous work and work 65 Best Master 30/3/00 9:41 pm Page 66 at a predetermined work-rate, depending on the type of activity, and of safety and health requirements, especially as regards breaks during working time. not be included in the calculation of the average. Article 17 Derogations SECTION IV MISCELLANEOUS PROVISIONS Article 14 More specific Community provisions The provisions of this Directive shall not apply where other Community instruments contain more specific requirements concerning certain occupations or occupational activities. Article 15 More favourable provisions This Directive shall not affect Member States’ right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the safety and health of workers or to facilitate or permit the application of collective agreements or agreements concluded between the two sides of industry which are more favourable to the protection of the safety and health of workers. Article 16 Reference periods Member States may lay down: 1. for the application of Article 5 (weekly rest period), a reference period not exceeding 14 days; 2. for the application of Article 6 (maximum weekly working time), a reference period not exceeding four months. The periods of paid annual leave, granted in accordance with Article 7, and the periods of sick leave shall not be included or shall be neutral in the calculation of the average; 3. for the application of Article 8 (length of night work), a reference period defined after consultation of the two sides of industry or by collective agreements or agreements concluded between the two sides of industry at national or regional level. If the minimum weekly rest period of 24 hours required by Article 5 falls within that reference period, it shall 66 1. With due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Articles 3, 4, 5, 6, 8 or 16 when, on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves, and particularly in the case of: (a) managing executives or other persons with autonomous decision-taking powers; (b) family workers; or (c) workers officiating at religious ceremonies in churches and religious communities. 2. Derogations may be adopted by means of laws, regulations or administrative provisions or by means of collective agreements or agreements between the two sides of industry provided that the workers concerned are afforded equivalent periods of compensatory rest or that, in exceptional cases in which it is not possible, for objective reasons, to grant such equivalent periods of compensatory rest, the workers concerned are afforded appropriate protection: 2.1 from Articles 3, 4, 5, 8 and 16: (a) in the case of activities where the worker’s place of work and his place of residence are distant from one another or where the worker’s different places of work are distant from one another; (b) in the case of security and surveillance activities requiring a permanent presence in order to protect property and persons, particularly security guards and caretakers or security firms; (c) in the case of activities involving the need for continuity of service or production, particularly: (i) services relating to the reception, treatment and/or care provided by hospitals or similar Best Master 30/3/00 9:41 pm Page 67 establishments, residential institutions and prisons; (ii) dock or airport workers; (iii) press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services; (iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration plants; (v) industries in which work cannot be interrupted on technical grounds; (vi) research and development activities; (vii) agriculture; (d) where there is a foreseeable surge of activity, particularly in: (i) agriculture; (ii) tourism; (iii) postal services; 2.2. from Articles 3, 4, 5, 8 and 16: (a) in the circumstances described in Article 5 (4) of Directive 89/391/EEC; (b) in cases of accident or imminent risk of accident; 2.3. from Articles 3 and 5: (a) in the case of shift work activities, each time the worker changes shift and cannot take daily and/or weekly rest periods between the end of one shift and the start of the next one; (b) in the case of activities involving periods of work split up over the day, particularly those of cleaning staff. 3. Derogations may be made from Articles 3, 4, 5, 8 and 16 by means of collective agreements or agreements concluded between the two sides of industry at national or regional level or, in conformity with the rules laid down by them, by means of collective agreements or agreements concluded between the two sides of industry at a lower level. Member States in which there is no statutory system ensuring the conclusion of collective agreements or agreements concluded between the two sides of industry at national or regional level, on the matters covered by this Directive, or those Member States in which there is a specific legislative framework for this purpose and within the limits thereof, may, in accordance with national legislation and/or practice, allow derogations from Articles 3, 4, 5, 8 and 16 by way of collective agreements or agreements concluded between the two sides of industry at the appropriate collective level. The derogations provided for in the first and second subparagraphs shall be allowed on condition that equivalent compensating rest periods are granted to the workers concerned or, in exceptional cases where it is not possible for objective reasons to grant such periods, the workers concerned are afforded appropriate protection. Member States may lay down rules: – for the application of this paragraph by the two sides of industry, and – for the extension of the provisions of collective agreements or agreements concluded in conformity with this paragraph to other workers in accordance with national legislation and/or practice. 4. The option to derogate from point 2 of Article 16, provided in paragraph 2, points 2.1. and 2.2. and in paragraph 3 of this Article, may not result in the establishment of a reference period exceeding six months. However, Member States shall have the option, subject to compliance with the general principles relating to the protection of the safety and health of workers, of allowing, for objective or technical reasons or reasons concerning the organization of work, collective agreements or agreements concluded between the two sides of industry to set reference periods in no event exceeding 12 months. Before the expiry of a period of seven years from the date referred to in Article 18 (1) (a), the Council shall, on the basis of a Commission proposal accompanied by an appraisal report, re-examine the provisions of this paragraph and decide what action to take. 67 Best Master 30/3/00 9:41 pm Page 68 Article 18 Final provisions 1. (a) Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 23 November 1996, or shall ensure by that date that the two sides of industry establish the necessary measures by agreement, with Member States being obliged to take any necessary steps to enable them to guarantee at all times that the provisions laid down by this Directive are fulfilled. (b) (i) However, a Member State shall have the option not to apply Article 6, while respecting the general principles of the protection of the safety and health of workers, and provided it takes the necessary measures to ensure that: – no employer requires a worker to work more than 48 hours over a seven-day period, calculated as an average for the reference period referred to in point 2 of Article 16, unless he has first obtained the worker’s agreement to perform such work, – no worker is subjected to any detriment by his employer because he is not willing to give his agreement to perform such work, – the employer keeps up-to-date records of all workers who carry out such work, – the records are placed at the disposal of the competent authorities, which may, for reasons connected with the safety and/or health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working hours, – the employer provides the competent authorities at their request with information on cases in which agreement has been given by workers to perform work exceeding 48 hours over a period of seven 68 days, calculated as an average for the reference period referred to in point 2 of Article 16. Before the expiry of a period of seven years from the date referred to in (a), the Council shall, on the basis of a Commission proposal accompanied by an appraisal report, re-examine the provisions of this point (i) and decide on what action to take. (ii) Similarly, Member States shall have the option, as regards the application of Article 7, of making use of a transitional period of not more than three years from the date referred to in (a), provided that during that transitional period: – every worker receives three weeks’ paid annual leave in accordance with the conditions for the entitlement to, and granting of, such leave laid down by national legislation and/or practice, and – the three-week period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated. (c) Member States shall forthwith inform the Commission thereof. 2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 3. Without prejudice to the right of Member States to develop, in the light of changing circumstances, different legislative, regulatory or contractual provisions in the field of working time, as long as the minimum requirements provided for in this Directive are complied with, implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers. 4. Member States shall communicate to the Commission the texts of the Best Master 30/3/00 9:41 pm Page 69 provisions of national law already adopted or being adopted in the field governed by this Directive. 5. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the viewpoints of the two sides of industry. The Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof. 6. Every five years the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive taking into account paragraphs 1, 2, 3, 4 and 5. Article 19 This Directive is addressed to the Member States. Done at Brussels, 23 November 1993. For the Council The President M. SMET 69 Best Master 30/3/00 9:41 pm Page 70 Appendix B : Full text of Table 3.1 : Employees’ total usual weekly hours : peaks 1990† I LU P E % % % % 0-34 18.7 25.2 16.2 15.4 10.9 33.3 14.6 11.9 7.5 8.1 6.9 24.8 17.3 35-37 9.2 11.1 5.6 12.7 5.3 * 13.2 5.7 11.5 11.5 3.5 * 1.7 3.7 7.7 14.8 1.0 * 0.2 0.3 6.4 12.0 Hours 38 B DK F G % % % % GR NL IRL % % % 6.9 14.2 21.3 48.7 48.6 4.3 30.4 12.8 30.4 2.4 % 2.9 0.7 49.8 10.2 2.2 40 17 3.9 10.3 22.8 49.4 25.7 48.6 48.3 83.4 23.8 71.0 10.0 26.2 41-44 0.2 1.1 4.6 1.5 4.6 0.4 3.2 3.9 45-48 0.9 2.7 4.0 2.4 9.8 0.4 5.0 6.6 49-50 0.9 2.8 2.6 1.9 1.1 0.5 3.7 1.9 * 1.7 2.1 4.8 2.5 51-59 0.3 0.6 0.9 0.7 1.6 0.3 1.1 0.5 * 0.8 0.8 6.3 1.9 60-69 0.7 0.7 1.3 1.4 1.0 0.5 2.2 0.9 * 1.4 1.3 3.2 1.6 70+ 0.4 0.4 0.5 0.8 0.9 0.4 1.3 0.2 * 0.8 0.7 1.7 0.8 2.4 18.4 25.8 1.9 5.5 0.9 15.2 0.14 8.3 S.D. 7.9 10.8 8.6 9.3 3.8 % 39 100% 2.9 million‡ 1.1 UK E12 7.7 12.2 9.7 7.6 * 6.7 2.7 12.6 5.1 1.8 41.7 4.7 11.2 6.6 7.0 3.3 9.2 23.0 108.7 6.7 14.0 10.3 Source: Watson (1992) using EUROSTAT 1990 data. Bold added to highest percentage in each column. Notes: * cell size too small to provide a reliable estimate. † Hours include paid and unpaid overtime but exclude travel time and meal breaks. ‡ All employees total includes those with variable hours and those who did not state their hours. 70 Best Master 30/3/00 9:41 pm Page 71 Appendix C: Diskus Classification: Lowering the Barriers in Planning Problems (from Van Hilst & Jansen 1994) The Diskus Foundation (for mutual co-operation between companies and research institutions) aims to support planners and schedulers in preparing plans and rosters of high quality. Dynamic and interactive information systems are the tools appropriate for achieving this. Use is also made of methods and techniques from Knowledge Engineering and Operations Research. In order to achieve these goals, DISKUS researches and develops prototypes of actual planning situations. The central concept is the development of a general structure for scheduling applications, and a partially generic and partially domain-specific realisation. This approach aims to develop software modules which can be re-used in different situations. One of these projects concerned the development of roster systems in the health care sector. This resulted in a number of systems: for example, a system for extramural health care, and a rostering system for nurses and doctors in a hospital department. Based on the results, the activities are continued under the DISKUS Project Classification. This aims to explore further and to complement the knowledge of planning and scheduling of personnel rosters, among other things. Allowances Matrix Existing regulations on working-hour allowances seem increasingly to be a hindrance to personnel and organisational flexibility. Fixed shift allowances in particular are the subject of discussion in this context. Organisations which strive to have “the right person in the right place at the right time” are experiencing an increasing need to adapt their conditions of employment to fit in better with this goal. One way of doing this is with the so-called Allowances Matrix, a system whereby the week is divided into 168 hours over a number of time zones. Each time zone carries a specific allowance; one hour worked gives an entitlement to the appropriate allowance on the (hourly) pay relevant to that day and that working time. In the case of a fixed roster, the matrix can help in calculating a simple average roster allowance, as is usually done in practice. As long as the roster is not changed, therefore, there is a “fixed” allowance. If changes occur, even temporary ones, the allowance will need to be calculated from the matrix again and the new average allowances will then be applied for the duration of the changed roster. Whether, in the case of a lower overall allowance, there can be any question of a reduction arrangement or a guarantee is a matter that is usually discussed separately. The matrix itself merely offers technical assistance in calculating allowances over all types of working hours and rosters, without the need for consultation. The above method – which is, in fact, far from new but is clearly the focus of re-awakening interest – fails to resolve an important matter relating to flexible working arrangements, namely, the problem of differences in contractual full-time working hours. Integrated Matrix In the Netherlands today there are considerable differences in the hours worked under so-called full-time contracts. While one person actually works an average of less than 33.6 hours a week for a full-time salary (plus 71 Best Master 30/3/00 9:41 pm Page 72 allowances) in a continuous 5-shift schedule, another person on a day shift within the same trade organisation could work 38 – 40 hours under a fulltime contract. In other words, depending on the type of shift schedule, roster or department, an employee could work more or fewer hours for the same full-time salary. In general, the heavier, more inconvenient shifts and working hours not only carry higher allowances but also a time “allowance” in the form of a reduction in working time, in other words shorter hours. A simple roster change – a temporary transfer, or attending a course, for example – raises the problem of how many hours the person in question is contractually required to work in the other “work schedule”. Should the hours be increased or reduced, based on the new roster? One way of approaching this complication with flexible working arrangements is to apply a matrix which integrates the effect of reduced hours. It is then no longer necessary to estimate separately for each case how many hours should be included in a roster – 33, 35, 37 or 38 hours – in order to qualify for a full-time salary. The monthly or fixed-period salary is calculated in the matrix on the basis of the full-time hourly rate for that function. Put simply, an hour is an hour and, depending on the moment, a specific allowance is also granted. The final pay is the sum of the actual hours worked plus the allowances appropriate for those hours. What still needs to be established are the minimum and maximum levels of the total pay per month or period. The minimum level ensures that the employee concerned can rely on receiving a salary plus allowances, regardless of the actual rosters worked, that will not fall below an agreed guaranteed amount (it is also possible, of course, that a reduction arrangement is applied to the average allowance level). Establishing a maximum level of the actual hours worked per payment period serves both to prevent a roster from becoming too heavy and as an extra protection for the employee, since the norms under employment law are not very effective for this purpose. The allowances in the various time zones of the integrated matrix are considerably higher than in the normal allowances matrix, especially around the weekend, because the shorter working hours of the heavier shifts occur specifically in the types of shifts that include weekend duties. (This shows also that industrial relations in the Netherlands provide extra compensation in the form of reduced working hours not so much for physical inconvenience, but more for the social inconvenience of weekend work.) A Final Comment The integrated matrix offers good, practical support for creating more flexibility in working hours. Tackling the over-manning or under-utilisation of functions and managing fluctuations in the work available are only a few examples fuelling the belief that the need for this type of legislation will increase in the future. 72 Best Master 30/3/00 9:41 pm Page 74 BEST is the Bulletin of European Studies on Time, offering condensed and practical information on important developments in the field of work organisation and shiftwork. BEST is published twice yearly in English, French and German. Who is BEST? A European network of experts, set up by the European Foundation for the Improvement of Living and Working Conditions to monitor developments, is responsible for the content of the bulletin. Members of the network: • • • • • • Giovanni COSTA Charles GADBOIS Ben JANSEN Peter KNAUTH Robert LÉONARD Alexander WEDDERBURN Whom does BEST address? The bulletin is aimed at those who are interested in keeping abreast of developments in the field of work organisation and shiftwork in the Member States of the Community. It especially addresses: decision-makers at policy level; organisations representing employers and workers; managers and workers within firms. Suggestions? Comments? Enquiries? Further copies? Write to: Dimitrios POLITIS or Pascal PAOLI at the European Foundation for the Improvement of Living and Working Conditions, Wyattville Road, Loughlinstown, Co. Dublin, Ireland. Tel: +353 1 204 3100. or to: Alexander WEDDERBURN, Department of Business Organisation, School of Management, Heriot-Watt University, Edinburgh EH14 4AT. Tel: +44 131 449 5111. Fax: +44 131 451 3190. The Bulletin of European Studies on Time is published under the auspices of the European Foundation for the Improvement of Living and Working Conditions. The opinions expressed in it are those of the editorial board and do not necessarily reflect the opinion of the Foundation. EF/96/22//EN SY-AB-96-001-EN-C BEST What is BEST?
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