WRITTEN QUESTION No. 603/99 by Umberto BOSSI Italian government proposal to shorten the working week to 35 hours
21. 12. 1999 EN Official Journal of the European Communities C 370/69 (1999/C 370/095) WRITTEN QUESTION P-0603/99 by Umberto Bossi (NI) to the Commission (4 March 1999) Subject: Italian government proposal to shorten the working week to 35 hours The principles governing working time are laid down in Directive 93/104/EC, which sets out the basic guidelines that Member States have to observe (1). By virtue of the subsidiarity principle, each individual country may adjust its domestic legislation to meet its particular requirements, provided that it does not overstep the prescribed maximum limits. Italy, however, has not yet transposed the Directive, and infringement proceedings have accordingly been instituted against it. At present the Italian Government is attempting to push through a law to shorten the working week to 35 hours, not least with the aim of limiting the damage inflicted by the infringement proceedings and escaping the resulting penalties. Does the Commission not believe that, unless it is offset by tax or financial measures, a statutory reduction in the working week will raise labour costs for firms, in practice deterring them from hiring new workers? Does it not believe that a shorter working week imposed by law (without wage cuts or compensation for firms) will increase the price of final products? Does it consider that, if a Member State legislates to shorten the working week, its products will be placed at a disadvantage on the internal market and the market will therefore be disrupted? (1) OJ L 307, 13. 12. 1993, p. 18. Answer given by Mr Flynn on behalf of the Commission (16 April 1999) The working time Directive required Member States to adopt implementing laws, regulations and administrative provisions by 23 November 1996 and to inform the Commission thereof. To date the Commission has not received the required information from Italy and has accordingly decided to bring the matter before the Court of justice (1). Provided that the minimum standards laid down in the Directive are adhered to, there are no further legal requirements at Community level. It should be noted, however, that in the employment guidelines for 1999 ‘The social partners are invited to negotiate at all appropriate levels agreements to modernise the organisation of work, including flexible working arrangements, with the aim of making undertakings productive and competitive and achieving the required balance between flexibility and security’. The economic effects of reductions of working time are complex. The Commission has, however, recently published a critical review of fourteen studies on this issue (2). The report concludes that a generalised and uniform reduction of working time would have a limited impact on employment and unemployment. The Commission is forwarding a copy of this study to the Honourable Member and to the Secretariat of the Parliament. Nevertheless, under certain circumstances, reductions and adaptations of working time may have a favourable impact on employment where they are negotiated between the social partners particularly at local level. See IP/98/628. Case C-386/98. (1) (2) Working time: Research and development 1995-1997 A review of literature commissioned by the European Commission and the European Foundation for Living and Working Conditions, published by DGV/D. 2