As set out in its Preamble: All workers should have adequate rest periods. 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’. a rest from work of at least 11 hours in every 24-hour period; and a rest of at least 24 hours in every 7 days or 48 hours in every 14-day period. References where the worker’s activities involve the need for continuity of service or production), are excluded from the entitlement to a rest break. Please note: the European industrial relations dictionary is updated annually. The ECJ’s interpretation potentially gives employers greater flexibility when determining shift patterns, and may also have implications for the right to fortnightly rest periods. Allowing him to take a number of shorter breaks throughout his eight-hour shift, which added up to substantially more than 20 minutes, was not compliant. It is most important for employers to make rest time available to employees to allow them to recuperate from long periods of work without adequate rest. Please note these rules are not the Drivers Hours Rules. ‘Working time’ means any period during which the worker is working, at the employer’s disposal and carrying out their activity or duties, in accordance with national laws and/or practice. 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. Working Time Regulations. In Marques da Rosa v Varzim Sol - Turismo, Jogo e Animacao SA, Mr Marques da Rosa worked in a casino, which opened seven days a week. It sets minimum periods of daily rest, weekly rest and annual leave, breaks and maximum weekly working time.It also aims to protect workers from negative health effects due to shift and night work as well as certain patterns of work. A … The night period is 11pm to 6am, unless the worker and employer agree a different night period. Ensure that workers are receiving the minimum rest breaks provided for by the Working Time Regulations 1998. The Directive does not stipulate when the 24-hour rest period must be given. Special arrangements exist for night workers. The ECJ stated that the WTD should be interpreted as requiring a weekly rest period to be granted at some point during each seven-day period. He was allowed to take short breaks between periods of demand, but he would remain on call during these breaks. Apart from opting out of the 48 -hour week limit, it is not possible to opt out of the WTR. 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 Organisation of Working Time Act 1997 and the EU Directive on Working Time do not specify any timeframes within which compensatory rest … ^ Official Journal C 326 (2012), Charter of Fundamental Rights of the European Union , 26 October. The law on rest breaks and rest periods, including the implications of the Working Time Regulations 1998, the temporary changes in place during the relaxation of the enforcement on EU drivers' hours and domestic drivers' hours rules due to the coronavirus (COVID-19), exclusions, and complaints to employment tribunals. The Directive does not stipulate when the 24-hour rest period must be given. Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. The signalman worked alone, providing cover at various signal boxes. Q.3 Do any other jobs have to be declared? Working time for the purposes of the Regulations, and the provision of the relevant rest periods and breaks is defined as “Any period during which the worker is: (i) working; (ii) carrying out his duties; and (iii) at the employer's disposal.” Employers must meet all three criteria. The weekly rest period should not include any part of the daily rest period. On the other hand, the interpretation of the provisions of the Directive … From 2010, the casino altered the schedule so that its employees worked no more than six consecutive days. This was superseded in 2000 by Directive 2000/34/EC which covered sectors and activities excluded from the original Directive. Working time rights apply to ‘workers’ – that is employees, agency workers and some self-employed people. Although being on call did not nullify the rest period, the compensatory rest must amount to a break from work that lasts at least 20 minutes. If they do, it must be 7 hours long and include midnight to 5am. 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