Success for ISNIH - Commission Infringements Package: Formal Request Sent to France

The EU Commission has opened a procedure against France because hospital doctors’ right to a 48-hour average weekly working time is currently not guaranteed in France.

On 26 September 2013, the European Commission published its September infringements package. Amongst others, the EU Commission has opened a procedure against France because hospital doctors’ right to a 48-hour average weekly working time and to minimum rest periods after working extra hours at night according to the to the Working Time Directive (2003/88/EC) is currently not guaranteed in France. If certain conditions are respected, a worker can be asked to work extra hours (exceeding the 48-hour limit). This “opt-out” is allowed for French hospital doctors but does not comply with the Directive’s conditions (unclear rules for measuring working time, requirement to work excess hours without the doctor’s consent, minimum daily rest period). The publication regarding this matter were done by the EJD French national member ISNIH and forced the Commission to act. France now has two months to notify the European Commission of the measures taken to comply with EU law. The infringement package of September 2013 can be found here.