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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

guidance · European Union · 52023XC0324(01)

54 provisions

Defined terms · All instruments

1 Application of the Directive’s provisions to ‘workers’
2 Application of the Directive in case of concurrent contracts
1 Principle: the Directive applies to all sectors
2 Derogation: exclusion of certain public service activities
3 Derogation: the case of activities of members of the armed forces
4 Seafarers
5 Other sectors and workers subject to specific legislation
1 What is (or not) covered?
2 Minimum provisions
3 Non-regression
1 Definition of ‘working time’ and ‘rest periods’
2 Recording of working time
3 Application of the Directive’s definition to specific periods of time
1 Duration of the break
2 Timing of the break
3 Conditions of the break
4 Transposition obligations on Member States
1 A minimum period of 35 uninterrupted hours of weekly rest
2 A period of rest for each 7-day period (‘weekly rest’)
3 Weekly rest over a reference period of 14 days
4 A shortened period of weekly rest in certain cases
1 What time must be counted towards the maximum weekly working time
2 A maximum established at 48 hours
3 An unconditional maximum
1 How long is the reference period?
2 What is not included in the reference period
3 What can be included in the reference period
1 Minimum paid annual leave of 4 weeks
2 Minimum leave for all workers, subject to no conditions
3 Payment during annual leave
4 Direct effect of the right to paid annual leave
1 The entitlement to an allowance in lieu
2 The amount of the allowance
3 Additional leave entitlement
1 Maternity leave
2 Parental leave and other types of leave protected by EU law
3 Sick leave
4 Other types of leave at national level
1 The average limit on night work
2 Maximum limit on night work involving special hazards or heavy physical or mental strain
1 The right of night workers to health assessments
2 The transfer of night workers to daytime work for health reasons
1 The scope of the ‘autonomous workers’ derogation
2 The consequences of the ‘autonomous workers’ derogation
1 The derogation for ‘certain activities’ under Article 17(3)
2 The derogation for shift and split work
3 The derogation for all sectors by collective agreement
4 The requirement of equivalent compensatory rest or, exceptionally, appropriate protection
5 Derogations from the reference periods
1 Requirement to transpose this provision
2 The conditions attached
3 Consequences of the ‘opt-out’
1 Mobile workers
2 Offshore workers