Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-12-15-Speech-1-091"

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"en.20081215.14.1-091"2
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"We have noticed recently that public opinion is following this question with exceptional interest, and particularly those aspects that we, too, are debating, that is to say, the questions of opt-out and of on-call time. With regard to the opt-out, we hear two arguments incessantly: first the point of view of flexibility, and second the question of freedom of choice. We seem to act as if employers and employees were truly equal partners – which they are not – and one of the obvious duties and functions of labour law is precisely to rectify this inequality. As social politicians have said, the beggar has the same right to sleep under the bridge as the millionaire – in that sense, of course, we are indeed talking about freedom of contract. But in reality we are talking about an unequal situation that does not so much foster flexibility as maintain this inequality. What is more, flexibility is very well served by the solution formulated in Parliament’s first reading. For 26 weeks, a person may work as many as 72 hours, thereby adjusting to the needs of the market, a high volume of orders and heavy workloads. Of course one also needs to rest, and I think this must be a goal of a directive concerning the field of labour and health protection. As to on-call time, if one morning no customer or visitor shows up in a bookshop or clothing shop, then does this mean that the salesperson is working on inactive on-call time, which should therefore be calculated at a different rate? The correct position is that if workers cannot use their time freely as they please but are required to go in to their place of work, that has to be considered working time. Remuneration for the work performed is a different matter altogether, one that can be negotiated between the respective employer and employee organisations – it is possible to adjust to the reality in each country and national competence, but working time is working time and has to be considered as such. I therefore agree with the Court, but I do not agree or support the Council’s compromise."@en1
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