The Malta Independent 17 June 2025, Tuesday
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Working Time Directive: European Parliament Votes to scrap opt-out clause

Malta Independent Thursday, 12 May 2005, 00:00 Last update: about 13 years ago

The European Parliament yesterday adopted a change in working week rules, scrapping the opt-out from a 48-hour limit which allowed employees to work longer hours if agreed with the employer.

In general, Socialist, Labour and Green deputies were in favour of scrapping the opt-out, while the European People’s Party and some independent MEPs voted against the proposal by 378 votes to 262.

EU employment ministers are set to discuss the issue again at a meeting in Luxembourg in June.

Labour MEP John Attard Montalto was one of the MEPs who abstained on the vote. Three other Maltese MEPs, Nationalists Simon Busuttil and David Casa, and Labour Joseph Muscat voted against the scrapping of the opt-out clause.

Labour MEP Louis Grech’s vote led to misunderstandings yesterday. Mr Grech by mistake abstained on one of the amendments, but voted against in the final vote.

Speaking to The Malta Independent after the vote, Mr Grech said that he intended to vote against that particular amendment but abstained in error. He said he asked for his vote to be corrected from an abstention into a ‘no’ vote.

In his explanatory note on the directive, Mr Grech made it clear that he intended to vote against the scrapping of the opt-out clause, largely because there was a broad consensus on the issue in Malta.

Labour MEP John Attard Montalto said he abstained because his parliamentary group, the PES, was against the opt-out clause on the Working Time Directive. Once the vote was clearly in favour of removing the opt-out clause, the judicious way out was to abstain, he added.

Labour MEP Joseph Muscat said he had voted against the dropping of the opt-out clause, which allows a certain amount of flexibility to workers who wish to work more than 48 hours per week.

Mr Muscat said that this is one of the few policy areas where there is widespread consensus between social partners in Malta. He is in favour of limiting working time and creating a better balance between working time and family time, but at the same time the removal of the opt-out clause would have negative effects on Maltese and Gozitan workers.

The Labour MEP said that Malta does not have a property rent market and young families have to borrow thousands of liri to buy their own place with the consequence of hefty mortgage repayments in the process.

Mr Muscat added that many families depend on overtime income to pay bills and meet their commitments and if overtime is capped, many persons would be driven into the black economy.

Nationalist MEP David Casa said that he was very surprised that not all Maltese MEPs voted against the scrapping of the opt-out clause. He said that it was in Malta’s interest to vote against the removal of the opt-out clause, adding that there should have been a common position taken by all of Malta’s MEPs.

UHM secretary general, Gejtu Vella, too voiced his concern that workers would be driven into the black economy. He added that the directive does not limit workers in taking up a part-time job.

Mr Vella said he was surprised that not all Maltese MEPs had voted against the removal of the opt-out clause, as he had expected all to take a common position. He called for the creation of a forum between the social partners, MEPs and the Economic and Social Committee so that a common position could be agreed upon before such important legislation was passed in the European Parliament. Mr Vella added that such diverse positions were not in the country’s interest.

General Workers’ Union secretary general, Tony Zarb, said that while the directive acknowledges the fact that workers require more leisure time, one has to keep in mind the economic needs of our country. He said that the Maltese economy requires workers to meet the high cost of living by working overtime.

Mr Zarb would not comment on how Maltese MEPs voted in view of the fact that the issue was not fully closed as it required a second reading of the bill in a future session.

Malta Employers’ Association director general, Joe Farrugia, said that the association has always been in favour of the opt-out clause and that the decision should have been left to the individual workers. He explained that there is still some flexibility as regards interpretation of the directive as this indicates an average of 48 hours per week, so there may be periods when workers may work overtime exceeding that amount, and these can be compensated for during months when there is less demand.

On the vote taken by the Maltese MEPs, Mr Farrugia said that it is highly unfortunate as there was no common position among them despite both employers and unions had reached consensus on this issue.

The Malta Business Bureau said that it was very disappointed with the position adopted by the European Parliament. The removal of the opt-out will negatively affect Malta’s competitiveness and the targets set out in the National Action Plan for Employment.

The MBB added that reducing flexibility is inconsistent with the Lisbon Agenda objectives of growth and jobs.

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