Why this matters.
Directive 2003/88/EC (the Working Time Directive) sets minimum standards for working time across all EU member states, including a 48-hour maximum average working week (measured over a reference period), a minimum of 11 consecutive hours’ daily rest, a minimum of one day off per week, a 20-minute rest break for shifts over 6 hours, and a minimum of 4 weeks’ paid annual leave. Member states may implement stricter protections; workers cannot validly waive many of these rights even by agreement.
The Court of Justice of the EU has interpreted the Directive expansively: on-call time spent at the employer’s premises counts as working time (CJEU C-303/98 SIMAP); time spent travelling to a client by mobile workers with no fixed office counts as working time (CJEU C-266/14 Tyco). The CJEU also requires member states to establish objective, reliable, and accessible systems for measuring daily working time (C-55/18 CCOO v Deutsche Bank). Non-compliance exposes employers to enforcement by national labour inspectorates and civil claims from workers.