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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

This concept of ‘worker’ is not defined in the Directive itself. The accompanying document to the proposal for the 1993 Directive (32) suggested that the definition in the 89/391/EEC Directive (33) would apply, i.e. ‘any person employed by an employer, including trainees and apprentices but excluding domestic servants’. However, the Court has refuted this on the grounds that the Working Time Directive itself made no reference to this provision of Directive 89/391/EEC. It also excluded the application of a definition derived from national legislation and/or practices (34).

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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.