4. The requirement of equivalent compensatory rest or, exceptionally, appropriate protection

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

Despite slight differences in the wording in certain language versions, the two provisions require the same conditions to be applied to derogations implemented under Article 17(3) and (4) and Article 18 (392). There are two ‘levels’ of conditions: in most cases the workers concerned must be afforded ‘equivalent periods of compensatory rest’; however, in ‘exceptional cases’ where these cannot be afforded for objective reasons, the workers concerned should benefit from ‘appropriate protection’.

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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.