Day of rest

The working time directive states that every worker is entitled to an uninterrupted rest period of 24 hours plus 11 hours’ daily rest, per each seven-day period. In Maio Marques de Rosa v Varzim Sol, the Court of Justice of the European Union (CJEU) held that EU law does not require the uninterrupted weekly rest period to follow straight after six consecutive working days, but simply requires it to be provided within each seven-day period.

Basic facts

Mr Maio Marques da Rosa worked for a casino owned and run by Varzim Sol from 1991 to 2014, which was open 364 days per year for 12 hours per day. During 2008 and 2009, he sometimes worked for seven consecutive days, although in 2010 the company altered the schedules so that employees did not work more than six days in a row.

After he was dismissed by reason of redundancy in March 2016, Mr Maio Marques da Rosa brought an action for damages and compensation on the ground that the company had failed to grant him a day of rest after six consecutive working days as required by Article 5 of the Working Time Directive.

The casino argued that Article 5 did not grant workers a right to a weekly rest period after six consecutive working days, just that they had the right to enjoy a rest period for each seven-day period of work.

The Portuguese appeal court asked the CJEU to decide whether the minimum uninterrupted weekly rest period of 24 hours under article 5 of the directive had to be provided no later than the day following a period of six consecutive working days.

Relevant law

Article 3 of the Working Time directive, entitled “Daily rest”, states that “Member States shall take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period”.

Article 5 entitled “Weekly rest period”, provides that “Member States shall take the measures necessary to ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours’ daily rest referred to in Article 3. If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied”.

CJEU decision

It was clear from the actual wording of the directive that member states had to ensure that every worker enjoys a minimum uninterrupted rest period of 24 hours (plus 11 hours’ daily rest), during a seven-day period.

The Court then went on to point out that although the purpose of the directive was to protect the safety and health of workers so that they enjoyed adequate rest periods, member states had a discretion with regard to fixing the time when that minimum period had to be granted. As such it could be a reference to a set period within which a certain number of consecutive rest hours had to be provided irrespective of when they were granted. That interpretation could still benefit the worker, since it enabled several consecutive rest days to be given to them at the end of a reference period and at the start of the following period, potentially allowing a worker to work 12 consecutive days.

That being so, the CJEU concluded that EU law does not require the minimum uninterrupted weekly rest period to be provided no later than the day following a period of six consecutive working days, but simply requires it to be provided within each seven-day period.