EU Working Time Rules: Derogations, Reference Periods, and the 48-Hour Limit

Working Time Regulations: Derogations and Limits

Requirements for Exceeding Maximum Weekly Working Time

When workers carry out work exceeding the maximum weekly working time, the employer must ensure the following conditions are met:

1. The employer keeps updated records of all workers who carry out such work;
2. The records are made available to competent authorities that may prohibit or restrict, for security reasons and/or health of workers, the possibility of exceeding the maximum weekly working time;
3. The employer provides the competent authorities, at their request, information on the consent of workers to perform work exceeding 48 hours in a period of seven days, calculated as an average reference period mentioned in point (b) of Article 16.

Maintaining the Level of Worker Protection

Without prejudice to the right of Member States to adopt, given developments, laws, regulations, and contractual provisions in the field of working time, provided they meet the minimum requirements of the Directive, the implementation of this Directive shall not constitute valid grounds for reducing the general level of protection of workers.

Derogations via Collective Agreements

Derogations may be made from the provisions of Articles 3, 4, 5, 8, and 16 by collective agreements or agreements concluded between social partners at national or regional level, in accordance with the rules laid down by them, or by means of collective agreements or agreements between social partners at a lower level.

The only exceptions allowed are conditional upon granting the workers concerned equivalent compensatory rest periods or adequate protection in exceptional cases where, for objective reasons, it is impossible to grant such equivalent periods of compensatory rest.

Reference Periods and Limitations

The power to derogate from the provisions of subparagraph (b) of Article 16, provided in paragraph 3 of Article 17 and Article 18, may not result in the establishment of a reference period exceeding six months.

Extending the Reference Period up to 12 Months

However, Member States, while respecting the general principles of protection of safety and health of workers, have the option of allowing, for objective reasons (technical or work organization), collective agreements or agreements concluded between social partners to set reference periods that in no case exceed 12 months.