EU Working Time Directive: Key Provisions & Definitions
EU Working Time Directive: Key Provisions and Definitions
Definitions
The EU Working Time Directive defines several key terms:
- Night worker:
- a) Any worker who, during nighttime, works at least three hours of their daily working time as a normal course; and
- b) Any worker who is likely, during nighttime, to work a certain portion of their annual working time, as defined by the choice of the Member State concerned:
- i) By national legislation, following consultation with social partners; or
- ii) By collective agreements or agreements concluded between social partners at national or regional level.
- Mobile worker: Any worker employed as a member of traveling or flying personnel by an undertaking that operates transport services for passengers or goods by road, air, or inland waterway.
- Offshore work: Work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction, or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel.
- Adequate rest: Regular rest periods for workers, the duration of which is expressed in units of time sufficiently long and continuous to ensure that, due to fatigue or other irregular working patterns, they do not cause injury to themselves, fellow workers, or others and that they do not damage their health, either in the short or long term.
Rest Periods
- Daily Rest: Member States must take the necessary measures to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period.
- Breaks: Member States must take the necessary measures to ensure that workers whose daily working time exceeds six hours are entitled to a rest break. The details, including duration and conditions, are determined by collective agreements or agreements between social partners or, failing that, by national legislation.
Weekly Rest
Member States must take the necessary measures to ensure that every worker is entitled, per each seven-day period, to a minimum uninterrupted rest period of 24 hours, in addition to the 11 hours of daily rest. Where justified by objective, technical, or work organization conditions, a minimum rest period of 24 hours may be established.
Maximum Weekly Working Time
Member States must take the necessary measures 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 social partners.
- b) The average working time for each seven-day period, including overtime, does not exceed 48 hours.
Annual Leave
- 1. Member States must take the necessary measures to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.
- 2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.
Night Work Duration
Member States must take the necessary measures to ensure that:
- a) Normal hours of work for night workers do not exceed an average of eight hours in any 24-hour period.
- b) Night workers whose work involves special hazards or heavy physical or mental strain do not work more than eight hours in any 24-hour period during which they perform night work.
For the purposes of point b), work involving special hazards or heavy physical or mental strain is defined by national legislation and/or practice or by collective agreements or agreements concluded between social partners, taking account of the specific effects and hazards of night work.