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The original proposal (172) explicitly stated that night workers can be performing shifts. This confirms that the different categories were not intended to be mutually exclusive and that a worker can be a ‘shift worker’ at the same time as being a ‘night worker’. This view has been upheld by the Court in the González Castro ruling, where the Court found that a worker who ‘does shift work in the context of which only part of her duties are performed at night must be regarded as performing work during “night time” and must therefore be classified as a “night worker” within the meaning of Directive 2003/88’ (173).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.