§2 The derogation for shift and split work

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

Article 17(4) sets out that: ‘4. In accordance with paragraph 2 of this Article derogations may be made from Articles 3 and 5: (a) in the case of shift work activities, each time the worker changes shift and cannot take daily and/or weekly rest periods between the end of one shift and the start of the next one; (b) in the case of activities involving periods of work split up over the day, particularly those of cleaning staff.’ This derogation has not been the subject of case-law in the Court. It is limited to derogations from the provisions on daily and weekly rest. All other provisions of the Directive therefore remain applicable and as for all derogations in this part, their use is subject to the workers being granted equivalent compensatory rest or, in exceptional cases in which this is not possible for objective reasons, appropriate protection.

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