Definition
A European Union directive (2003/88/EC) that sets minimum standards for working hours, rest periods, and annual leave across all EU member states, limiting the average working week to 48 hours and guaranteeing at least four weeks of paid annual leave.
UK Context
Best Practices
- Implement reliable time-recording systems that capture actual hours worked, including overtime and on-call time
- Review whether your jurisdiction permits the individual opt-out and ensure any opt-out agreements are genuinely voluntary
- Monitor reference periods carefully to ensure average weekly hours remain within the 48-hour limit
- Conduct regular health assessments for night workers and keep records for at least two years
- Ensure annual leave entitlements meet or exceed the four-week minimum and are not replaced by payments in lieu except on termination
Frequently Asked Questions
Does the 48-hour limit apply to every single week?
No, the 48-hour limit is calculated as an average over a reference period, typically four months. Member states can extend this reference period to six or twelve months through legislation or collective agreements. This means a worker can exceed 48 hours in some weeks as long as the average across the reference period stays within the limit.
Can workers agree to work more than 48 hours per week?
In member states that have adopted the individual opt-out provision under Article 22, workers can voluntarily agree to exceed the 48-hour average. The agreement must be in writing, genuinely voluntary, and workers must be able to withdraw it. Employers must keep records of opted-out workers and make them available to authorities.
Does on-call time count as working time under the directive?
On-call time spent at the employer's premises or a designated location counts as working time under the directive, as confirmed by the CJEU in the Jaeger and SIMAP cases. On-call time where the worker is merely reachable but free to manage their own time may not count, depending on the constraints placed on the worker.