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I. INTRODUCTION

The Working Time Directive 2003/88/EC (2) (the ‘Directive’ or the ‘Working Time Directive’) is a key element of the acquis of the European Union (the ‘EU’). It has become one of the cornerstones of Europe’s social model. The first directive of general application in the field of working time, Directive 93/104/EC (3) (the ‘1993 Directive’), was adopted almost 30 years ago. The Directive establishes individual rights for any worker in the EU and thus gives concrete expression to Article 31 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) which recognises as part of ‘EU primary law’ the right of every worker to ‘working conditions which respect his or her health, safety and dignity’ and to ‘limitation of maximum working hours, daily and weekly rest periods, and annual paid leave’. Indeed, the Working Time Directive lays down minimum safety and health requirements for the organisation of working time in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work. As rights guaranteed by the Charter, the limitation of maximum working hours, daily and weekly rest periods and paid annual leave are subject to Article 52 of the Charter which provides that: ‘Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.’

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.