Balancing worker protection with flexibility and legal clarity in local public service delivery under the Working Time Directive
The Council of European Municipalities and Regions (CEMR) has responded to the European Commission’s public consultation on the review of the Working Time Directive (WTD), urging the EU to prioritise legal certainty and respect for local autonomy in any future reform.
Unchanged since 2003, the current Directive no longer fully reflects today’s labour realities, especially for local and regional governments as major public employers. While modernisation is welcome, CEMR warns against overreach: the Directive should focus strictly on health and safety, without encroaching on broader employment issues that fall outside the EU’s remit, such as wages, work-life balance, or new working patterns.
In its response, CEMR reaffirms key positions first set out in its 2011 position paper, which remain relevant today. It calls for:
- Flexibility for social dialogue: Local social partners are best placed to find tailored solutions through bargaining and agreements that balance worker protection with service continuity.
- Clear limits to scope: The Directive must not expand into areas that are either outside EU competence or not directly related to health and safety.
- Legal certainty: Any revision should result in simpler, clearer rules that avoid legal ambiguity and reduce the administrative burden on local authorities.
CEMR further stresses that the review must take full account of the impact on local and regional governments’ ability to provide uninterrupted public services, especially in sectors like emergency care and civil protection, where flexible working patterns are essential.
CEMR concludes that no legislative initiative should proceed before the publication of detailed impact assessments and a full analysis of the public consultation. In the meantime, it stands ready to engage in open and constructive dialogue with EU institutions to ensure a balanced approach that works for all levels of governance.
For more information, contact:
Officer – Employment, Digitalisation and Public Services
