Between health and salary: The incomplete regulation of working time in European law

Research output: Contribution to journalArticle

Abstract

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, the article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.
Original languageEnglish
Pages (from-to)370-385
Number of pages16
JournalEUROPEAN LABOUR LAW JOURNAL
Volume10
DOIs
Publication statusPublished - 2019

Keywords

  • Condizioni di lavoro
  • Orario di lavoro
  • Rest period
  • Riposi
  • Working conditions
  • Working time

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