Daily and weekly rest

The Court Of Justice EU – in the MAV-Start judgment pronounced on 02.03.2023, Case C-477/2021, concerning a request for a preliminary ruling proposed by the Hungarian Court on the interpretation of article 3 (rubricated “daily rest”) and article 5 (rubricated “weekly rest”) of the Directive 2003/88/CE – established that daily rest rights and weekly rest periods constitute two autonomous rights that pursue different objectives under the European Labor Law framework.

The Starting Point

The preliminary question was presented in a dispute between a Hungarian worker and his employer, regarding the concession of daily rest rights and weekly rest periods. The Hungarian Court noted its legislation fixed weekly rest at 48 hours, with a minimum of 42, without reference to daily rest duration.

The Main Questions

1. Whether Article 5 of Directive 2003/88/CE, read in conjunction with Article 31(2) of the EU Charter of Fundamental Rights:
   • means the daily rest rights in Article 3 form part of weekly rest;
   • or whether Article 5 solely provides for the minimum Weekly Rest Directive duration.
2. Whether national law granting 42 hours of weekly rest must also include 12 hours of daily rest beforehand.
3. Whether Article 3 entitles workers to:
   • a minimum 11-hour rest within 24 hours;
   • and whether such rest must occur even if the worker is not working the next day;
   • and if so, whether daily rest must be granted before weekly rest.

The Judgment and Reasoning

The Court Of Justice EU stated that the EU Working Time Directive provisions cannot be interpreted restrictively. The goal is to ensure minimum requirements to improve life and work conditions for employees across Member States, ensuring the protection of safety and health by granting daily rest rights and weekly rest.

The judges clarified:

• Article 3 requires 11 consecutive hours of daily rest every 24 hours;
• Article 5 requires 24 consecutive hours of weekly rest every 7 days, plus the 11 hours from Article 3.

Two Autonomous Rights

The European Labor Law distinguishes between the two rest periods:

• Daily Rest Rights allow the worker to disengage from work directly after working hours;
• Weekly Rest Directive ensures broader recovery within the week.
  These are independent rights: one cannot substitute the other.

Exceptional Circumstances and National Law

Article 15 of the EU Working Time Directive allows Member States to adopt more favourable provisions. However, such provisions cannot override the obligation to grant daily rest rights. Even where weekly rest exceeds Directive minimums, the right to daily rest must be preserved and granted in addition.