4. Transposition obligations on Member States

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

The Directive allows collective agreements to establish the duration and terms of the break. Nevertheless, the duty to transpose the Directive resides with the Member States (188). It is therefore their responsibility to ensure that all workers, including those who may not be covered by collective agreements, are entitled to a break. The Directive’s wording establishes that the duration and terms of the rest break are defined by collective agreements or national legislation. This in turn means that national transposition texts may not leave the duration and terms of the rest break to be defined by individual agreements between the worker and the employer concerned.

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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.