Our readers will be aware the Working Time Directive is health and safety at work legislation, brought into force in Ireland under the Organisation of Working Time Act, 1997. All workers are entitled to have breaks while they are at work and rest periods between working days or nights. The Organisation of Working Time Act 1997 sets out the statutory minimum entitlement for employees as regards working hours, annual leave, night work, breaks and rest periods for employees.
In relation to weekly breaks, s.13 of the Act provides that workers are entitled to a minimum of one day off in every seven. The question in this case was whether the weekly rest has to be taken at the end of six days of working, to allow for a break between weeks, or whether workers may lawfully be asked to work up to 12 days in a row, provided they are given two days' rest in every fortnight. The answer is the latter, according to the CJEU:
"...Member States are to take the measures necessary to ensure that, ‘per each seven-day period’, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours’ daily rest referred to in Article 3 of Directive 2003/88. However, that article does not specify when that minimum rest period must take place and thus gives Member States a degree of flexibility with regard to the choice on timing.
"... an interpretation of Article 5 of Directive 2003/88, according to which the minimum uninterrupted rest period of 24 hours, plus the 11 hours’ daily rest referred to in Article 3 of that directive, may be provided at any time within each seven-day period, is supported by a systemic analysis of that directive...
"It is apparent, therefore, from the actual wording of Article 5 of Directive 2003/88 that it requires the Member States to ensure that every worker enjoys, during a seven day period, a minimum uninterrupted rest period of 24 hours plus the 11 hours’ daily rest referred to in Article 3 of that directive, without, however, specifying when that minimum rest period must be granted."
http://www.bailii.org/eu/cases/EUECJ/2017/C30616.html
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
