5. Derogations from the reference periods

As outlined in Chapter VI, weekly working time can be averaged and Article 16(b) allows the reference period for calculating this average to be up to 4 months in all sectors and all activities. However, Article 17(3) and Article 18 permit derogations from the provision on reference periods in certain cases. The derogations permitted therefore concern the reference periods for granting weekly rest periods and for calculating the length of night work and the average maximum weekly working time. Article 19 regulates the latter option to derogate from the reference periods for calculating the weekly working time and limits the reference period to: 6 months by means of laws, regulations or administrative provisions in certain sectors or specific activities as per Article 17(3) of the Directive; 12 months by collective agreements or agreements concluded between the two sides of industry for objective or technical reasons or reasons concerning the organisation of work and subject to compliance with general principles relating to the protection of the safety and health of workers. This can be done either in certain sectors or specific activities as per Article 17(3) of the Directive, in any sector under Article 18 of the Directive or for mobile and offshore workers under Article 20 of the Directive. The Court has had the occasion to rule on the issue of fixed and rolling reference periods; fixed reference periods start and end on fixed calendar dates, whereas rolling reference periods are periods the start and end of which move on a permanent basis with the passage of time. In a case where a Member State had set the maximum average weekly working time at 48 hours and extended to six months the reference period used for calculating that maximum, the Court ruled that national legislation may lay down reference periods which start and end on fixed calendar dates, provided that that legislation contains mechanisms which make it possible to ensure that the maximum average weekly working time of 48 hours is respected during each six-month period straddling two consecutive fixed reference periods (404).

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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.