Rest periods during working hours are recognised as a basic right of workers in the EU. The Charter of Fundamental Rights of the European Union stipulates that ‘every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave’ (Article 31(2)). [1] Furthermore, the ILO considers that different types of rest from work are critical to ensure the health and well-being of workers. [2]
Council Directive 93/104/EC concerning certain aspects of the organisation of working time (as amended by Directive 2000/34) provided – for the first time at EU level – for a minimum daily rest period of 11 consecutive hours a day, a rest break when the working day is longer than six hours, and a minimum rest period of one day a week. This was superseded in 2000 by Directive 2000/34/EC which covered sectors and activities excluded from the original Directive. Finally, in 2003, Directive 2003/88/EC updated these two earlier ones and is generally known as the Working Time Directive. As set out in its Preamble:
All workers should have adequate rest periods. The concept of ‘rest’ must be expressed in units of time, i.e. in days, hours and/or fractions thereof. Community workers must be granted minimum daily, weekly and annual periods of rest and adequate breaks. It is also necessary in this context to place a maximum limit on weekly working hours.
The Working Time Directive sets out the definitions outlined below.
The Working Time Directive also establishes provisions for the three types of rest periods.
The directive calls on Member States to take the measures necessary to ensure that, when the working day is longer than six hours, every worker is entitled to a rest break. The directive gives priority to collective agreements over legislation in determining the EU standard. The duration and the terms on which such rest breaks are granted should be laid down in collective agreements or agreements between the two sides of industry and, only in their absence, by national legislation. Some specific groups, such as young workers (Council Directive 94/33/EC) and workers using display screens (Directive 90/270/EEC), are entitled to specific conditions regarding rest breaks from work.
Every worker is entitled to a minimum daily rest period of 11 consecutive hours for every 24-hour period, potentially implying a lawful 13-hour working day with at least one long break or two or more shorter breaks, the intervals being not more than six hours apart. Nevertheless, a working time regime that opted for such a long working day would be constrained by the provisions on maximum hours in a working week.
The directive regulates that, for each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11-hour daily rest. However, there is an ambiguous provision at the end of Article 5: ‘If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied’. The meaning of this exception is not clear. Most likely, it refers to the requirement that the 24-hour weekly rest period be connected to a previous 11-hour rest period, so as to constitute a solid block of 35 hours’ rest per week. However, it appears that a minimal 24-hour period may be justified in some circumstances. The only other possibility would seem to be that the provision for a 24-hour rest period is intended to be added to the 11 hours’ minimum daily rest and distributed throughout the week, meaning no consecutive 24-hour period.
In 2019, Eurofound published an overview of regulations, research and practice of rest breaks from work. [3]
Night work ; shift work ; stress at work ; working time
Eurofound (2020), Rest periods, European Industrial Relations Dictionary, Dublin
https://www.eurofound.europa.eu/en/european-industrial-relations-dictionary/rest-periods