The concerns about the new working time legislation, expressed yesterday by employers and business groups, are serious and well motivated. The Organisation of Working Time Bill, giving effect to the EU directive on hours of work, imposes a maximum working week for most workers of 48 hours. The Small Firms' Association has described the legislation as "scandalous" and castigated the Government for, failing to avail of an opt out - available under the directive whereby employees can volunteer to work more than the maximum 48 hours per week.
Their concern is understandable. Many small businesses desperately need a measure of flexibility in their industrial relations environment simply to survive. Small companies, in particular, need the maximum measure of flexibility to allow for seasonal factors or a sudden surge in demand for their products. Many workers - especially the lower paid - also welcome to opportunity to gain some additional income through overtime working. The point made by Ms Mary O'Rourke, the Fianna Fail spokesperson on Enterprise and Employment, cannot be easily dismissed. The rights of workers have to include the right to work overtime, she said.
There will also be concern in the business community that Britain's expected decision to avail of the voluntary opt out clause will place Irish industry at a competitive disadvantage. Those Irish exporters who are heavily reliant on the British market must already allow for the turbulent currency situation as the value of sterling vis a vis the Irish pound ebbs and flows. For many, any new legislation which essentially gives a competitive edge to Britain will be seen as a classic own goal.
That said, it is also important to place the objections that have been raised in a wider perspective. According to the Minister of State for Labour Affairs, Ms Eithne Fitzgerald, less than 2 per cent of the workforce will be affected by the new legislation. There are legitimate concerns that employees could come under undue pressure from some employers if the Government accepted the voluntary opt out clause. It is also the case that the EU directive already allows for a great deal of flexibility in the implementation of the 48 hour working week. Workers can, for example, work an average 48 hour week over a three, six or even 12 month period to allow for seasonal variations and changes in demand.
But there is a wider point. We are no longer living in a Dickensian age in which workers are treated as second class citizens. It is difficult, in objective terms, to make the case for a working week in excess of 48 hours, given the very adverse impact this must have on an employee's health and quality of life. Some workers may still want to work overtime but only because their basic pay does not give them a sufficient level of income. The political priority must be to secure a better income for the low paid, instead of allowing them to work excessive hours.