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Working conditions of mobile workers engaged in interoperable cross-border services in the railway sector

This Directive implements an agreement between the social partners in the various sectors at European level. The agreement strikes a balance between the need to ensure adequate protection of the health and safety of mobile workers in interoperable cross-border services and the need for flexibility in running rail transport enterprises in an integrated European railway network.

ACT

Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector [Official Journal L 195 of 27.07.2005].

SUMMARY

The aim of the Directive is to give effect to the Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services concluded between the social partners in the railways sector, namely the Community of European Railways (CER) and the European Transport Workers' Federation (ETF).

The Agreement strikes a balance between the need to ensure adequate protection of the health and safety of mobile workers in interoperable cross-border services and the need for flexibility in running rail transport enterprises in an integrated European railway network.

The Agreement grants workers a daily rest period of 12 consecutive hours and breaks of between 30 and 45 minutes. It limits daily driving time to 9 hours on a day shift and 8 hours on a night shift.

The Agreement also gives employers greater flexibility because, under exceptional circumstances, they can shorten the daily rest periods to 9 hours instead of to 11 as provided for in the Working Hours Directive.

The Member States may keep or introduce more favourable provisions than those laid down in this Directive. Furthermore, this Directive may not be used to justify a lower level of protection for workers where better protection is afforded under existing national legislation.

Background

This Directive is part of the overall framework for interoperability in the European rail system. A better-integrated rail network will enable the European Union to cut down on road transport and reduce its harmful side-effects. Involving social partners will ensure satisfactory working conditions for workers in interoperable rail services.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Directive 2005/47/EC

18.7.2005

27.7.2008

OJ L 195 of 27.7.2005

RELATED ACTS

Communication of 15 December 2008 from the Commission to the Council - Economic and social impact of the Agreement appended to Directive 2005/47/EC concluded on 27 January 2004 between the social partners on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector [COM(2008) 855 final – Not published in the Official Journal].
Following the adoption of Directive 2005/47/EC, the Commission presents a socio-economic analysis of the development of working conditions in the railway sector. Developing cross-border links have a positive economic impact, and employment in the railway sector should increase in the coming years. Favourable social conditions should be guaranteed for mobile workers, while taking account of the needs of railway undertakings.

The Commission favours an integrated approach to ensure that working time is organised in accordance with the obligation to protect the health and safety of workers. Member States should also guarantee a balance between work and family life, especially by reaching a consensus with the social partners on the question of rest days at home.

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [Official Journal L 299 of 18.11.2003].
This Directive lays down the minimum general obligations in terms of health and safety at work.

Communication of 26 June 2002 from the Commission “The European social dialogue, a force for innovation and change” [COM(2002) 341 final– Not published in the Official Journal].
The social dialogue at Community level is an essential element of the adoption of the social and economic reforms. It is part of the reinforcement of good governance and the transparency of the European decision-making process.

Last updated: 10.02.2009
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