Reshaping EU Working-Time Regulation: Towards a More Sustainable Regime

Abstract

The European Commission's 2015 Roadmap on work-life balance urges a comprehensive policy and regulatory approach as essential to addressing the interrelated goals of reconciling work and family, sharing of care work between women and men, and attaining substantive gender equality. However, the EU's key instrument setting 'normal' hours of work standards, the Working Time Directive, is absent amongst the measures identified as central to such a comprehensive approach. Attributing this omission in part to the Directive's historic evolution, its controversial and unsettled status, and its apparent gender 'neutrality', this article argues that work-life balance strategies must incorporate standard working-time considerations if they are to be effective; likewise, a more meaningful engagement with and the advancement of work-family reconciliation and equality goals is crucial for the Working Time Directive's continued relevance. Failing such a more obvious articulation between the two sets of policies, a number of goals currently on the EU agenda will be difficult to attain, as supporting caregivers and redistributing unpaid work between women and men, but also objectives of active aging and Europe's long-term social sustainability require the development of more sustainable work and working-time practices.

Towards Workers’ Environmental Rights: An Analysis of EU Labour and Environmental Law

“…A future reform of the Working Time Directive could integrate the objectives of improved working conditions and environmental sustainability (Zbyszewska 2016). Currently there are several initiatives across the EU and beyond on working time reduction, through collective agreements or otherwise, that we can learn from (see, for example, Müller 2023; or the UK Four Day Week initiative).…”

An emerging right to care in the EU: a “New Start to Support Work-Life Balance for Parents and Carers”

“…Attempts to provide a comprehensive solution failed and eventually it was withdrawn in July 2015. 17 In the same year, the Commission announced the Roadmap "New Start to address the Challenges of Work-life Balance faced by Working Parents" 18 where the case for further action in this area was again put forward. As required by Article 154 TFEU, a two-phase consultation with the Social Partners followed.…”

“…The right remains framed as a right to request, rather than a right to obtain where employers are obliged to merely consider and respond to such requests, taking into account the needs of both employers and workers. Furthermore, Zbyszewska 49 [18]. namely the Working Time Directive.…”

EU equality law after a decade of austerity

“…For a critique of a right to request in the proposed Work–life Balance Directive, see Benedi Lahuerta and Zbyszewska (2018, pp. 13–14) and Zbyszewska (2016).…”