Britain’s opt-out from the EU’s 48-hour working week was soundly defeated in a vote by the European Parliament today, with many Labour MEPs voting against the Government’s attempts to keep the measure first won by John Major in 1993.

The defeat marks a humiliation for Gordon Brown who signed up to a parallel agreement to give temporary and agency workers full employment rights after just 12 weeks in the hope of a deal to save the British opt-out from the EU working time directive.

It will trigger last-ditch talks between the European Parliament and the 27 EU member states on the directive although the two sides are a long way apart. They have until May to reach a compromise or the entire revised directive will fall, leaving the status quo — and the British opt-out — in place.

In a series of votes today, MEPs voted by 421 to 273 to cap the working week at 48 hours after a three-year phase-out for the British opt-out. This absolute majority sparked loud cheers among lawmakers and will strengthen parliament's hand in its talks with EU states.

"I think it is now a question of when the opt-outs end rather than if," said Stephen Hughes, a Labour MEP who defied the Government and led the European Socialist Group’s opposition to the opt-out.

"It is a matter of how long it will take to end the opt-outs. We are willing to give very long transition periods for some niche sectors," Mr Hughes added

There was also a clear defeat for a compromise on on-call time negotiated in June after Britain and other countries argued that counting every hour spent by healthcare staff in the workplace would damage the NHS. The EU member states wanted to bring in a new definition of inactive on-call time, when a worker is taking a break in the workplace, but this was defeated by 512 to 141 votes today.

"I would like to congratulate two million doctors around Europe," said Alejandro Cercas, the Spanish socialist who steered the measure through parliament.

"This is an opportunity to make our agenda the agenda of the citizens," Mr Cercas said.

Talks between parliament and EU states are likely to begin by February and can last a maximum of eight weeks. If there is no deal, the existing EU law and opt-outs still stand.

"No changes can be made to the existing working time directive unless there is an agreement between the European Parliament and the council of EU ministers," said EU Employment Commissioner Vladimir Spidla.

BusinessEurope, which represents businesses across the EU, said it hoped that issues of competitiveness, flexibility and costs would be uppermost when it came to the negotiations.

"Reducing the working time has never created employment," said BusinessEurope's director general, Philippe de Buck.

Labour unions have said that allowing people to work more than 48 hours would put pressure on them to do so and raise the risk of accidents.

A compromise on the law is urgently needed because doctors in several EU countries have filed lawsuits against hospitals for not complying with rulings from the European Court of Justice.

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