Daily rest period

The concepts of 'leave' and 'working time'

The concept of working time is not explicitly defined in the Working Hours Act. Instead, its meaning is determined based on guidelines developed in case law and by the Working Time Directive (2003/88/EC). The Working Time Directive states that working time is any time in accordance with national legislation or practice when the employee is at the employer's disposal and carrying out activities or tasks. It should be noted that standby time is not counted as working time and may therefore be scheduled during daily rest if it occurs exceptionally.

The concept of leave is defined in the Working Time Directive as any time that is not counted as working time. Leave is therefore any time when the employee is not at the employer's disposal.

When can my employer interrupt my daily rest period?

The general rule is that as an employee, you are entitled to an eleven-hour daily rest period. Exceptions to this rule can be made under the condition that it is temporary and due to specific and unforeseen circumstances for the employer. In such cases, you must be given equivalent compensatory leave.

Your employer can also deviate from the daily rest period between midnight and five o'clock if the nature of the work, the needs of the public, or other special circumstances require the work to be carried out during these times.

When are we entitled to interrupt an employee's daily rest period?

As an employer, you are obligated to ensure that your employees receive an eleven-hour daily rest period. This is the main rule for maintaining a healthy working environment. However, there are situations where exceptions can be made from this rule. The daily rest period may be interrupted under the condition that the interruptions are temporary and caused by specific and unforeseen circumstances. In cases where the daily rest period is interrupted, you must compensate the employees for the lost rest with equivalent leave.

You may also deviate from the daily rest period between midnight and five o'clock if the nature of the work, the needs of the public, or other special circumstances require the work to be conducted within the specified time frame.

In summary

• According to the Working Time Act, employees have the right to at least eleven consecutive hours of rest within every 24-hour period.
• Working time is defined as the time when the employee is at the employer's disposal and performing tasks, while rest or daily rest is any time that is not considered working time. Standby time is not counted as working time.
• Deviation from the right to daily rest may be made temporarily in unforeseen circumstances, and the employee should then be given compensatory rest.
• Employers may also deviate from the rule of daily rest between midnight and five o'clock if the nature of the work, the needs of the public, or other special circumstances require it.