Weekly Rest Breaks - Can Employers Designate When They Are Taken?
Under EU law, workers are entitled to 24 hours rest in each 7 day period. The European Court of Justice (ECJ) has held that employers have flexibility to determine when within the seven day period of rest is taken.
It is therefore permissible for workers to work 12 consecutive days between periods of weekly rest.
Maio Marques da Rosa v Varzim Sol
Mr Maio Marques da Rosa was employed in a casino, where he occasionally worked for 7 consecutive days without a rest period.
After his employment terminated, he brought claims stating that, during periods when he was required to work 7 consecutive days, he had been denied his 24 hour weekly rest period.
Working 12 Consecutive Days Allowed
The ECJ held that there was no requirement for the weekly rest to be provided on the seventh day of work. This means that the EU Working Time Directive can be read as allowing a rest day at the beginning of one 7-day period and at the end of the following 7-day period. Such a practice would mean that it is possible for workers to work 12 consecutive days before having a weekly rest period.
Best Practice
In the UK, in each 14-day reference period employers have a choice of whether to allow workers:
- two 24 hour periods of rest
- one 48 hour period of rest
Applying the ECJ's decision here, it is therefore possible that a 48-hour rest period could be allowed at the beginning of one 14 day period and at the end of the following one 14 day period. The result of this would be that a worker works for 24 consecutive days.
This would, however, be subject to other Working Time Directive requirements such as daily rest breaks and the maximum working week. Such a working pattern could also be challenged on the basis that it fails to adequately protect the health and safety of workers.