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Article 31 - Fair and just working conditions
Key facts of the case:
Request for a preliminary ruling from the Tribunalul Bucureşti.
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Definition of ‘working time’ – Article 3 – Minimum period of daily rest – Workers having concluded several employment contracts with the same employer – Application by worker.
Outcome of the case:
On those grounds, the Court (Fifth Chamber) hereby rules:
Articles 2(1) and 3 of 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 must be interpreted as meaning that, where an employee has concluded several contracts of employment with the same employer, the minimum daily rest period provided for in Article 3 thereof applies to those contracts taken as a whole and not to each of those contracts taken separately.
36) As a preliminary matter, it must be recalled that the right of every worker to a limitation of maximum working hours and to daily and weekly rest periods not only constitutes a rule of EU social law of particular importance, but is also expressly enshrined in Article 31(2) of the Charter of Fundamental Rights of the European Union that Article 6(1) TEU recognises as having the same legal value as the Treaties (see, to that effect, judgment of 14 May 2019, CCOO, C‑55/18, EU:C:2019:402, paragraph 30 and the case-law cited).