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The Court has interpreted Article 12 first indent by referring to Recital 6 (363). With regard to the organisation of working time, in particular of night work, account should be taken of the principles of the International Labour Organisation, according to which compensation for night workers in the form of working time, pay or similar benefits must recognise the nature of night work (364). The Court has held that pursuant to Article 12 first indent night workers must benefit from protective measures regulating working hours, remuneration, allowances or similar benefits, to compensate for the particular hardship involved in the work they carry out (365). However, a provision of a collective agreement which provides for a higher supplementary allowance for irregular night work than that established for regular night work is not within scope of the Directive (366).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.