• Spain has come under scrutiny from the Commission regarding working hours for forensic experts

In accordance with European Union infringement procedures, the European Commission delivered a “reasoned opinion” to Spain on February 20, 2014, following a letter of formal notice sent in September 2012 demanding that the country respect forensic experts’ right to limited working hours and minimum rest periods as set out in the working time directive.

Spanish law does not currently impose any weekly limit to working time for forensic experts, nor does it set minimum rest periods after overtime. Indeed, there is no limit to weekly periods of “on-call” duty.

Nonetheless, directive 2003/88/CE concerning certain aspects of the organization of working time allows for derogations from provisions on minimum daily rest periods (Art. 17), particularly “in the case of activities involving the need for continuity of service.” However, this dispensation requires that workers be granted “equivalent periods of compensatory rest or […] in exceptional cases in which it is not possible, for objective reasons, to grant such equivalent periods of compensatory rest, the workers concerned [be] afforded appropriate protection.” Spanish legislation does not include this last obligation.

Spain now has two months to notify the Commission of measures taken to ensure compliance with European legislation, failing which the country may be summoned before the ECJ. 

• Italy before the ECJ regarding working time in public health services

Italy’s silence following the Commission’s “reasoned opinion” demanding that the necessary measures be taken to align its legislation with the working time directive led the institution to refer the peninsula to the ECJ on February 20, 2014.

After having received several complaints, the Commission sent Italy a “reasoned opinion” in May 2013 to demand that the country align its national legislation on public health services with the provisions of directive 2003/88/CE concerning organization of working time.

Indeed, Italy’s positive law strips doctors practicing in these services of their right to a limited number of weekly working hours (48) and a minimum daily rest period (11 consecutive hours). This is made possible by relying heavily on the derogation set out in the directive for “managing executives or other persons with autonomous decision-taking powers.” However, the doctors in question enjoy no such prerogatives.  

Furthermore, the Commission also identified a breach regarding other national health service workers, who are denied their right to minimum daily and weekly rest periods.

European Commission press release

• Luxembourg referred to the ECJ over a breach of protection of fixed-term staff.

On Thursday, February 20, the European Commission referred the Grand Duchy to the ECJ for having failed to meet its obligations to afford effective protection to fixed-term staff, as required by the directive on fixed-term work.

Having identified several breaches following assessment of the application of directive 1999/70/CE concerning the framework agreement on fixed-term work concluded by ETUC, UNICE (now BUSINESSEUROPE) and CEEP, the Commission pressed Luxembourg to comply with this directive.

The European institution demanded the elimination of the explicit exclusion of certain staff in the entertainment sector from the scope of national rules sanctioning abusive renewal of fixed-term contracts. Furthermore, it wants to strengthen national legislation guaranteeing a right to be informed when an employer makes permanent vacancies available.

This referral follows a “reasoned opinion” sent to the grand Duchy by the Commission in April 2013. Luxembourg failed to inform the Commission of measures taken to ensure compliance.

European Commission press release