§3 Weekly rest over a reference period of 14 days
Beyond the flexibility described above on the fixing of weekly rest periods during each period of 7 days, Article 16 of the Working Time Directive allows a reference period of 14 days to be set for weekly rest. In this respect, the Commission’s proposal (191) indicated that the rest periods proposed constituted ‘reasonable minima which take account of economic requirements and shift work cycles, since the weekly rest period may be averaged over a period of two weeks. This takes account of the necessary flexibility, as exemplified by the multiplication of “productivity deals” agreed upon by both sides of industry.’129 This means that national law could allow averaging of the weekly rest periods of 2 weeks. This would therefore allow workers to be granted either two periods of 35 hours or one double period of weekly rest. Articles 5 and 16 again impose a certain regularity by guaranteeing that workers are entitled to a set amount of rest per period of 14 days. However, they do not impose any obligation that this rest falls on the same days during each period of 14 days. This means that national transposing acts should ensure that two weekly rest periods of 35 hours or one double period of weekly rest is granted in each 14-day period.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-07