News from the EU about weekly repose: Weekly repose can be granted on any day during each seven days period

News from the EU about weekly repose: Weekly repose can be granted on any day during each seven days period

 

European Law requires that uninterrupted weekly repose for employees to be of at least 24 hours during each seven days period. However, it does not matter when this repose is granted, accordingly to some recent clarifications from the Court of Justice of the European Union (CJEU). Therefore, it may be granted at any time within each seven days period, and not necessarily after six consecutive days of work.

 

Any worker in the European Union (EU), during a seven days period, should benefit of a minimum uninterrupted repose period of 24 hours, plus 11 hours of daily rest. It is a minimum required by Directive 2003/88 / EC of the European Parliament and of the Council from November 4th, 2003 concerning certain aspects of the organization of working time, which is transposed into our legislation in the Labor Code.

At the end of last week, CJEU explained by a decision that the weekly repose may be granted on any day within each seven days period, and not necessarily in the day immediately following a six consecutive working days. The answer was given in the context of a lack of clarity of the Courts, who were not able to interpret exactly the Directive related to repose granting.

“By today’s decision, the Court states that European Union law does not require that the minimum weekly repose time to be granted no later than the next day of six consecutive working days, but it requires to be granted within each seven days period”, it is written in the CJEU press release on this topic.

Note: The CJEU’s decisions on the interpretation of EU law are mandatory for all the Courts in Member States experiencing similar problems. Romania is a Member State, so the Court’s decision is also mandatory for Romanian judges.