EU Court: An employee’s daily rest and weekly rest are two different things

The daily rest and the weekly rest of the worker are two different things: they are two independent rights and therefore both must be guaranteed. This was determined by a decision of the EU Court of Justice, based on the story of a Hungarian railways Mav-Start driver, who appealed before the Miskolc Court against the company’s decision not to give him a daily rest period. at least eleven uninterrupted hours before or after the weekly rest or vacation periods (according to the regulation on the regulation of working hours, the worker must make use of it in every 24 hour period).

For its part, Mav-Start argues that the employee is not harmed in any way by his decision, as the collective agreement allows for a minimum weekly rest period (at least 42 hours) that is significantly higher than that required by the directive (24 hours). . The Miskolc Court asked the Court of Justice whether, under the Directive, the daily period of rest adjoining the weekly rest period formed part of the latter of the weekly rest period. In its decision, the Court notes that daily and weekly rest periods constitute two independent rights with different purposes. The daily rest allows the worker to escape from the work environment for a certain number of hours; this should not only follow a consecutive but also a study period directly.

The weekly rest period allows the worker to rest for every seven-day period. As a result, the Luxembourg judges ruled that workers should be guaranteed the effective enjoyment of each of these rights. The fact is that a situation in which the daily rest forms part of the weekly rest, when the worker enjoys the weekly rest, will deprive the worker of the content of the daily rest and deprive the worker of actually benefiting from this rest. The Court notes that the directive does not limit itself to setting a general minimum period within the scope of the weekly rest right, but explicitly states that this period is in addition to that linked to the daily right to rest.

It follows that the daily rest period is not part of the weekly rest period, but is added to it, even if it directly precedes it. The Court further notes that the more favorable provisions of Hungarian legislation compared to the directive for the minimum weekly rest period cannot deprive the worker of other rights granted to him by the directive, in particular the right to daily rest. . Therefore, daily rest should be given “although” independently of the weekly rest period prescribed by national legislation.

Source: Today IT

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