News • 02 March 2003

Brincat insists on overtime crusade

By Kurt Sansone

Revelry was rife outside the Malta-EU Information Centre offices in Valletta yesterday as carnival entered its second day, but MIC Head Dr Simon Busuttil was in no mood to party.

Addressing members of the media, Busuttil rebutted accusations levelled by Labour Party deputy leader Joe Brincat that workers would not be able to work more than eight hours overtime should Malta join the EU.

Busuttil said Brincat was incorrect in his interpretation of EU rules. "Dr Brincat either did not understand the EU Directive or else did not read it at all. I assume Dr Brincat has realised his mistake and I expect him to stop making further allegations," Busuttil said.

Contacted yesterday by MaltaToday, however, Brincat stuck to his guns and insisted that Maltese workers would not be able to perform more than eight hours of overtime per week because government did not negotiate a derogation on the matter.

The whole rumpus over overtime has created much confusion among workers, especially those who depend on the extra hours worked to better their wage packet.

Busuttil said that ever since Brincat raised the issue, hundreds of concerned people phoned the MIC offices to verify the claims. Busuttil said: "I want to put people’s minds at rest that after EU membership they can still work more than eight hours overtime. Dr Brincat is spreading misinformation by claiming that overtime would be limited."

The head of MIC explained that Article 6 of the EU Working Time Directive ensures that employers cannot force employees to work more than eight hours overtime per week. However, he added, Article 18 of the same directive stipulates that workers are able to work more than eight hours of overtime if they wish to.

Dr Brincat, however, believes Article 18 is a one-off opt-out that can be utilised solely when the accession treaty is being negotiated.

Brincat insisted: "During negotiations the Maltese government knew that it was not going to use Article 18, which states that a Member state has the option not to apply Article 6."

Brincat said government only negotiated an opt-out from the overtime limit for some sectors and only up to the end of 2004. He said government could have negotiated a permanent derogation on the overtime limit.

The Labour Party deputy leader argued that after 2004 workers won’t be able to work more than eight hours of overtime despite the provisions of Article 18.

When confronted with the fact that the EU directive gives workers the right to refuse overtime, Brincat said the directive was good for working mothers, but not for someone who had just bought a house and worked overtime to finance a bank loan.

kurt@maltamag.com