Can Rest Breaks be Classified as Working Time?
Published on: 13/10/2021
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin mcveigh

Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.

Key Issues: Social Policy - Working Time – Rest Period - Preliminary Ruling

Case: XR v Dopravní podnik hl. m. Prahy, akciová společnost

Reference: Case C-107/19, CJEU (Tenth Chamber), 9 September 2021

Legislation: Directive 2003/88/EEC

Background ⚓︎

From November 2005 to December 2008, XR was employed as a company firefighter at DPP. XR was subject to a shift working regime, consisting of a day shift covering the period from 6.45 to 19.00 and a night shift covering the period from 18.45 to 7.00. His daily working times included two food and rest breaks of 30 minutes each.

Between 6.30 and 13.30, XR could go to the factory canteen, situated 200 metres from his workstation, provided that he was equipped

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 13/10/2021