Thursday, November 21, 2019

EC Employment Law Essay Example | Topics and Well Written Essays - 3750 words

EC Employment Law - Essay Example Under the preamble of the World Health organization to which all Member States belong, â€Å"health is defined as a state of complete physical, mental and social well-being that does not consist only in the absence of illness or infirmity.† Although the intent of the law is good, there have been many debates regarding the effectiveness of its implementation. Most of these arguments and debates hinges on the fact that there is no rules or uniform application and interpretations of the law and that each State is given the right to set their own standards as to the number of hours work. Note that under Working Time Directive, there are only two provisions, which are mandated to be adopted uniformly throughout the union. These provisions are the Article 4 which provides for a rest break period after six consecutive hours’ of work, and 11 hours daily with a maximum 14 days reference period and Article 7 which provides for a minimum of four weeks paid annual leave with no option of foregoing thereof, nor carrying over of pay in exchange for the leave. Even so, Article 7 is often a subject of controversies in some States as there are sectors or class of employees, which are not covered by this provision. The question no w lies on whether or not the Working Time Directive is capable of fulfilling the Community’s social policy objective and whether or not there is a need for a more intensive harmonization of the implementation thereof.

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