§1 What time must be counted towards the maximum weekly working time
The maximum weekly limit applies to the notion of working time presented above and used by the Court (195). In addition, the Directive explicitly provides that overtime should be included in the calculation of the average maximum weekly working time. This is in line with the definition of working time presented above, which does not distinguish between ‘statutory’ working time and periods of time which can, for example, be qualified as ‘overtime’ or ‘on-call time’ under national legislation and be treated differently in particular for remuneration purposes.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-07