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Re‐evaluating the concept of working time: an analysis of recent case law
Author(s) -
Kenner Jeff
Publication year - 2004
Publication title -
industrial relations journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.525
H-Index - 3
eISSN - 1468-2338
pISSN - 0019-8692
DOI - 10.1111/j.1468-2338.2004.00335.x
Subject(s) - working time , directive , expansive , compromise , flexibility (engineering) , european court of justice , context (archaeology) , interpretation (philosophy) , european commission , commission , law , political science , working environment , economic justice , law and economics , sociology , european union , computer science , business , european union law , engineering , economics , management , history , mechanical engineering , work (physics) , compressive strength , materials science , archaeology , composite material , economic policy , programming language
Controversy abounds the Working Time Directive seven years since its implementation as the European Commission seeks to unpick the compromise that led to the notorious individual opt‐out from maximum weekly working time. This article explores the roots of that controversy in the context of the Court of Justice’s expansive interpretation of the concept of ‘working time’. To what extent is it possible to maintain a health and safety guarantee but allow for more flexibility in the organisation of working time for individual workers in an increasingly heterogeneous working environment?