Portugal - ECJ ruling on weekly rest
The European Court of Justice (ECJ) in a decision published today, ruled, in an innovative manner, on the weekly rest (subject included in Directive 2003/88/EC), with special impact on shift work. The ECJ has decided that the mentioned Directive does not require a minimum period of uninterrupted weekly rest of 24 hours after 6 consecutive days of work, but only that this weekly break is granted in each seven-day period. In other words, according to ECJ, a shift worker can work more than six consecutive days of work, provided that the weekly rest is granted in each 7-day period.
It is now up the national courts to assess whether the legislation of each Member State confers the same level of protection as the Directive 2003/88/EC or if it is more favourable to the worker than the European Union rule.
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