NEW legislation to introduce a compulsory limit of 48-hours on the working week of most employees is to be brought to the Cabinet next week and it is understood that calls from employers for an opt-out clause have not been heeded.
Employers had pushed the Government to avail of a clause in the directive which allows an employer to avoid the rules, provided the individual employee agreed to work longer hours. However, this was strongly opposed by the Irish Congress of Trade Unions and it is understood that, in common with most other EU states, the Government does not intend to introduce the opt-out.
The 48-hour working week rule will not include lunch and other breaks, which will lessen the concerns of some sectors about its impact.
The legislation will specify a number of groups not covered by the 48-hour rule. These include doctors in training, people working at sea, employees in the transport industry, family workers and people whose working hours are determined by themselves - in other words many managers and the self-employed.
The European Court of Justice is also due to rule on the 48-hour working week next week. It is expected to uphold an earlier initial court opinion which ruled that the maximum working week was a health and safety issue.
This would mean the directive would apply in all member states, much to Britain's annoyance. It has challenged the directive on the grounds that it should be implemented under the Social Chapter of the Maastricht Treaty, from which it has opted out, rather than under health and safety provisions.
The British have indicated that the Prime Minister, Mr Major, might block progress at the EU summit in Dublin next month if Britain loses the case, unless member states agree to amend the treaty to allow Britain opt out of the 48-hour provision.