Directive 2003/88 - Aspects of the organisation of working time - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2003/88
Original proposal	COM(2002)336
CELEX number i	32003L0088

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Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time

Official Journal L 299 , 18/11/2003 P. 0009 - 0019

Directive 2003/88/EC of the European Parliament and of the Council

of 4 November 2003

concerning certain aspects of the organisation of working time

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),

Whereas:

• (1) 

  Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work, has been significantly amended. In order to clarify matters, a codification of the provisions in question should be drawn up.

• (2) 

  Article 137 of the Treaty provides that the Community is to support and complement the activities of the Member States with a view to improving the working environment to protect workers' health and safety. Directives adopted on the basis of that Article are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

• (3) 

  The provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4) remain fully applicable to the areas covered by this Directive without prejudice to more stringent and/or specific provisions contained herein.

• (4) 

  The improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations.

• (5) 

  All workers should have adequate rest periods. The concept of "rest" must be expressed in units of time, i.e. in days, hours and/or fractions thereof. Community workers must be granted minimum daily, weekly and annual periods of rest and adequate breaks. It is also necessary in this context to place a maximum limit on weekly working hours.

• (6) 

  Account should be taken of the principles of the International Labour Organisation with regard to the organisation of working time, including those relating to night work.

• (7) 

  Research has shown that the human body is more sensitive at night to environmental disturbances and also to certain burdensome forms of work organisation and that long periods of night work can be detrimental to the health of workers and can endanger safety at the workplace.

• (8) 

  There is a need to limit the duration of periods of night work, including overtime, and to provide for employers who regularly use night workers to bring this information to the attention of the competent authorities if they so request.

• (9) 

  It is important that night workers should be entitled to a free health assessment prior to their assignment and thereafter at regular intervals and that whenever possible they should be transferred to day work for which they are suited if they suffer from health problems.

• (10) 

  The situation of night and shift workers requires that the level of safety and health protection should be adapted to the nature of their work and that the organisation and functioning of protection and prevention services and resources should be...

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