sec_3__4__para__2

In light of the definitions of ‘working time’ and ‘rest period’, this means that workers should not be obliged to remain at their workstations, at the employer’s disposal or carrying out their activity or duties. Such breaks where workers are allowed to manage their time without major constraints and to pursue their own interests do not constitute working time (186). The breaks therefore do not need to be counted as ‘working time’ as they constitute ‘rest periods’. National law can nevertheless differ as, as stressed above, Member States are allowed to apply provisions which are more favourable to the protection of the health and safety of workers, for example by counting breaks during a working day as ‘working time’.

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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.