Organisation of working time (basic Directive)

1) OBJECTIVE

To adopt minimum requirements covering certain aspects of the organisation of working time connected with workers' health and safety.

2) COMMUNITY MEASURES

Council Directive 93/104/EC, of 23 November 1993, concerning certain aspects of the organisation of working time.

Amended by Directive 2000/34/EC of 22 June 2000 of the European Parliament and of the Council.

3) CONTENTS

Scope: Initially, all sectors of activity except transport, activities at sea and the activities of doctors undergoing training. Since the amendment of June 2000, workers belonging to these three categories have been covered by certain provisions governing rest periods, breaks, working hours, paid holidays and night work. Certain articles of the initial directive do not apply to these categories, but ad hoc measures have been adopted, such as the establishment of a maximum number of working hours or, alternatively, a minimum number of rest hours for workers on board shipping vessels at sea.

Definition of the terms "working time", "rest period", "night work": any period of not less than seven hours, as defined by national legislation and including in all cases the period from 12 midnight to 5 a.m.; "night worker": any worker who performs at least three hours of his daily work or a part of his annual work (as defined by the Member States) during the night work period; "shift work": any method of organising work whereby workers succeed each other in the same tasks in accordance with a given time schedule at different times over a given period of days or weeks.

Directive 2000/34/EC amending Directive 93/104/EC adds the terms "adequate rest"; "mobile worker": any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road, air, or inland waterway; "offshore work": work performed mainly on or from offshore installations.

Member States shall take measures to ensure that workers enjoy:

• the minimum daily rest period of 11 consecutive hours per period of 24 hours;
• the minimum period of one rest day on average immediately following the daily rest period in every seven-day period;
• for a daily period of work of more than six hours, a break as defined by the provisions of collective agreements, agreements concluded between social partners or national legislation;
• not less than four weeks' annual paid holiday, qualification for which shall be determined by reference to national practice/legislation;
• an average weekly working period of not more than 48 hours, including the overtime for each seven-day period.

Normal hours of work for night workers must not exceed an average of eight hours in any 24-hour period. Workers shall be entitled to a free health check-up before being employed on night work and at regular intervals thereafter. Anyone suffering from health problems connected with night work must be transferred, wherever possible, to day work.

Employers who regularly use night workers must duly inform the authorities responsible for health and safety matters.

Night workers must enjoy a level of health and safety protection commensurate with the nature of their work. Protection and prevention facilities must be equivalent to those of other workers and must be available at all times.

Employers who organise work in accordance with a certain time schedule must abide by the general principle of adapting the work to man, especially in the case of monotonous tasks required to be performed in quick succession.

Member States may stipulate reference periods:

• not exceeding 14 days for the weekly rest period;
• not exceeding four months for the maximum weekly working period;
• and for the duration of night work.

Derogations are permitted:

• on condition that the general principles of the protection of workers' health and safety are complied with, where the duration of work is not measured and/or predetermined by the worker himself;
• in the case of activities where the worker's place of work and his place of residence are distant from one another;
• in the case of security and surveillance activities in order to protect property and persons;
• in the case of activities involving the need for continuity of service or production, such as treatment and/or care provided by hospitals; agriculture; or again press and information services;
• where there is a foreseeable surge of activity, particularly in agriculture, tourism and the postal services; in the case of persons working in railway transport.
• provided that equivalent compensatory rest periods are granted to the workers concerned:

- in accordance with the criteria listed in the directive, for example in the case of activities where the service or production has to be continuous;

- by means of collective agreements or agreements concluded between social partners.

A transitional period of five years from 1 August 2004 has been laid down for doctors in training. During the first three years of the transitional period, the number of weekly working hours may not exceed an average of 58. Subsequently, in the two following years, it may not exceed an average of 56. A sixth transitional year may be granted to certain Member States. In this case, the ceiling is 52 weekly working hours.

At the end of this transitional period, the ceiling will be 48 hours weekly.

Last updated: 08.08.2001