Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-12-15-Speech-1-098"
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"en.20081215.14.1-098"2
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"Mr President, ladies and gentlemen, on-call time is working time, as the European Court of Justice rightly ruled. Indeed, the Member States have adapted well to this state of affairs by now, and not one hospital or other institution has yet gone bankrupt as a result.
Besides, on-call time, which we are discussing here, requires that workers be present at work: everything else is standby duty, which is a different matter entirely. In my opinion, the breakdown into active and inactive on-call time – possibly further defined by a more or less, but in any case arbitrarily, estimated average calculation – is absurd. After all – to put it in legal terms – workers are at the disposal of employers, are subject to their instructions and are not at liberty to divide up their own time.
I oppose individual opt-outs in principle. After all, we all know that employment relationships are characterised not by equality of status, but by an opposition between invariably economically stronger employers on the one hand and workers dependent on their capacity for work on the other. Indeed, individual labour law was created precisely for the purpose of compensating for the lack of equality of arms in this relationship. If need be, workers dependent on their jobs to survive will risk their health to support themselves and their families. In times of economic difficulty, such as those we are experiencing just now – incidentally owing to serious erroneous decisions by incompetent managers – there is ever increasing pressure on workers. Yet human beings are not machines, able to work through without a break.
In my opinion, the Council’s position on this is unacceptable. I largely support our committee’s report and the position of my colleague Mr Silva Peneda, and hope for a sound, humane solution in the conciliation procedure."@en1
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