§2 Minimum provisions

In line with its legal basis, the Working Time Directive establishes minimum standards in the above-mentioned areas. Its minimum provisions aim to provide a ‘safety net’ for the health and safety of the workers concerned (94). These are binding for the Member States, which are under the obligation to ensure the transposition of those minimum standards in their national legal order. However, the minimal character of the Directive’s provisions also means that it does not prevent Member States from applying or introducing national provisions which are more favourable to the protection of the health and safety of workers (95). Article 15 of the Directive specifically points to this aspect: ‘This Directive shall not affect Member States’ right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the safety and health of workers or to facilitate or permit the application of collective agreements or agreements concluded between the two sides of industry which are more favourable to the protection of the safety and health of workers.’ This in turn means that, where workers benefit from additional protection under national law, it is for the Member States to decide on the conditions and that the Court’s interpretations in relation to the Directive’s provisions are not applicable to the more protective provisions granted at national level (96). Where Member States make use of this option to implement or apply more protective provisions, compliance with the rules laid down by the Directive must be ascertained by reference solely to the limits fixed by it. An obligation remains on the ‘Member States to guarantee that each of the minimum requirements laid down by the Directive is observed’ (97).

← 1 · All articles · 3 →

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