§4 A shortened period of weekly rest in certain cases

Article 5, last sentence provides for a possibility to reduce the weekly rest to 24 hours on the grounds of objective, technical or work organisation conditions. This provision has, to date, not been interpreted by the Court’s case-law. It is therefore difficult to define its precise scope. Two aspects can nonetheless give guidance for the clarification of this provision. Firstly, this provision was introduced in the common position with the aim to cover the possible problem of shift workers working the late shift on Saturday and the early shift on Monday, i.e. receiving only 24 hours of rest consecutively (192). Secondly, the Court has repeatedly held that, in light of objective of the Directive, the exclusions to its scope and derogations to its provisions have to be interpreted restrictively (193). Although these considerations are not decisive and this derogation may also apply to different cases than that of shift workers, its use would have to be carefully considered on a case-by-case basis. MAXIMUM WEEKLY WORKING TIME The right of workers to a limitation of maximum working hours is enshrined in the Charter of Fundamental Rights of the European Union. The Working Time Directive can be seen as giving concrete expression to this right in that it sets out a maximum average weekly working time in Article 6: ‘Member States shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers: (a) the period of weekly working time is limited by means of laws, regulations or administrative provisions or by collective agreements or agreements between the two sides of industry; (b) the average working time for each seven-day period, including overtime, does not exceed 48 hours.’ This right is framed by a reference period established in Article 16: ‘Member States may lay down: […] (b) for the application of Article 6 (maximum weekly working time), a reference period not exceeding four months. The periods of paid annual leave, granted in accordance with Article 7, and the periods of sick leave shall not be included or shall be neutral in the calculation of the average; […]’. Finally, while the limitation of weekly working time itself is only subject to derogations in the case of ‘autonomous workers’ and for workers having agreed to the ‘opt-out’, derogations to the reference period permitted in Article 16 are possible in other cases described below but circumscribed by Article 19 as presented in Chapter IX below. The special status of the limitation of weekly working time has been further emphasised by the Court, which has repeatedly held that ‘in view of both the wording of [the Directive] and its purpose and scheme, the various requirements it lays down concerning maximum working time and minimum rest periods constitute rules of Community social law of particular importance from which every worker must benefit as a minimum requirement necessary to ensure protection of his safety and health’ (194). Maximum weekly working time

← 3 · All articles · 1 →

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