§1 How long is the reference period?

COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time · European Union

As indicated by the text of Article 6, the weekly working time used for checking compliance with the maximum limit can be averaged. A reference period for calculating average weekly working time can be established by Member States, in all sectors and all activities, at a period of up to 4 months. By way of derogation, the reference periods can be extended in certain cases subject to Article 19. Further details on the conditions and extent of the derogations are presented in Chapter IX. In any event, in light of the limitations to derogations from the reference period, the Court has acknowledged that ‘the reference period may in no circumstances exceed 12 months’ and that it was ‘therefore possible to determine the minimum protection which must be provided in any event’ to workers (199).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07