Database

STATUTORY MAXIMUM WORKING WEEK

For many years there has been a dispute within the EU on the statutory maximum working week. Bargaining about the duration of working time takes place in all European countries within the framework of statutory rules on maximum working times. In the EU and Norway, these should at least respect the provisions of the Directive on certain aspects of the organisation of working time (Directive 2003/ 88/EC), which include a 48-hour maximum working week (on average over a reference period not exceeding four months), a minimum daily rest period of 11 hours and a daily limit of 8 hours for night-shift workers. As the table shows, the countries break down into two equal groups those that set their maximum weekly hours at the 48 hours specified in the EU working time Directive, and those that operate a rather lower limit of 40 hours (or 38 in Belgium). In the first group of 14 countries, the statutory maximum is in excess of average collectively agreed weekly working hours, and of actual or usual average weekly hours it thus appears to operate essentially as a safety net (though the 48-hour figure often includes overtime TN0302101S). In the second group of 14 countries, the statutory maximum is much closer to the average agreed or actual/usual weekly hours (and identical to agreed hours in some cases), indicating a more active role for the law in governing working time (though overtime may not be included in this figure).
Statutory maximum working week, 2005 Country Cyprus Denmark France Germany* Greece Hungary Ireland Italy Lithuania Luxembourg Malta Netherlands UK Hours 48 48 48 48 48 48 48 48 48 48 48 48 48 Country Austria Czech Republic Estonia Finland Latvia Norway Poland Portugal Slovakia Slovenia Spain Sweden Belgium Hours 40 40 40 40 40 40 40 40 40 40 40 40 38

These statutory maximum figures may be exceeded in many countries, in the context of working time flexibility schemes allowing weekly hours to be varied around an average over a reference period as permitted by the EU Directive (TN0308101S). To take some examples: In Austria, weekly hours may be varied up to a maximum of 50 over a reference period, by agreement, if an average 40-hour week is maintained; in Denmark, the 48-hour maximum must be observed on average within a period of four months; in Estonia and Slovakia, the average working week may be up to 48 hours over a four-month period if overtime is included; in Finland, weekly hours may be varied (up to 45) over a 52-week reference period, if an average 40hour week is maintained; in Luxembourg, weekly hours may be increased by collective agreement to a maximum of 60 during six weeks a year, in specific sectors characterised by workload peaks; in the Netherlands, the 48-hour maximum must be maintained over a 13-week reference pe-riod. If no agreement is reached between employer and trade union (or works council), statutory maximum hours are nine per day, but by agreement daily hours may be extended to 12, as long as average weekly hours do not exceed 60 over a four-week reference period (and do not exceed 48 over a 13-week period); in Norway, average weekly hours may vary and be as high as 48, as long as the 40-hour maximum is maintained over a reference period of up to one year. In some specific circumstances, the reference period may be extended; in Poland, weekly working time may be varied up to 48 hours over a four-month reference periods, if an average 40-hour week is maintained; in Portugal, weekly hours may be increased to 60 by agreement, if the maximum is maintained on average over a reference period; in Spain, weekly hours may be higher if a 40-hour average is maintained over a reference period; and in the UK, weekly hours may exceed 48 as long as this average is maintained over a 17-week reference period. W. O.

* No explicit weekly maximum in Germany, the 48hour figure represents an average based on daily maximum rules. Source: EIRO.

Reference
EIRO, Working Time Developments 2005, August 2006.

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CESifo DICE Report 4/2006