THE Government has been accused of adopting an over restrictive approach to the new EU directive on working hours, due to come into force next month.
The Irish Business and Employers' Confederation, says Government proposals to implement the directive will be damaging for competitiveness, employment and inward investment.
The legislation, due to become law on November 23rd makes it illegal for most people to work more than 48 hours a week. About 80,000 people, including transport workers, seafarers and junior hospital doctors, will be excluded from its provisions.
While IBEC accepted that some progress has been made in discussions with the Minister of State for Labour Affairs, Ms Eithne Fitzgerald and the Department of Enterprise and Employment, its director of industrial and employee relations, Mr Turlough O'Sullivan, said significant problems remain.
To put it bluntly, the present indicated Irish position on the directive does not make sense. It is damaging to competitiveness and it should be altered."
The situation of some key sectors, such as transport workers, remains unclear, Mr O'Sullivan said. For instance, will all staff working for transport companies be excluded from the directive, or only drivers? "These issues need to be resolved immediately."
He is also concerned that the draft Bill has not been published.
"This prevents effective lobbying and representation by IBEC", Mr O'Sullivan said. "It makes our task of briefing members on its implications all the more difficult. It amazes us that there are two, or three areas of flexibility available to the Government and it seems to be turning these opportunities down."
For instance, EU member states can introduce legislation which allows individual workers the right to opt out and agree to work more than 48 hours a week.
Mr O Sullivan said failure to avail of the opt out provision means that many employers will be put at a competitive disadvantage, especially those competing with British companies.
He added: "Although the Government has the option to implement exemptions relating to a whole range of activities and sectors, it appears to have decided against doing so.
"Instead, if companies need flexibility, the only way to achieve it will be through concluding and registering a collective, agreement."
Finally, there was an urgent" need to clarify the situation in sectors such as construction and meat processing, where intense seasonal activity is traditional. Would employees be allowed to work more than 48 hours a week in these areas? he asked.