European Court of Justice: Hungarian Labour Code must change to redefine rest periods

The court was asked to rule on the relationship between minimum daily and weekly rest periods. In the case before the court, an employer had established a weekly rest period of 42 hours for Hungarian train drivers – well in excess of the 24 hours required under the working time Directive. They therefore argued that it was not necessary to offer an additional 11 hours daily break before the weekly break was taken. The court disagreed. In their view, the two types of break must be treated differently and if a pre-existing weekly break exceeded the minimum 24 hour break it was irrelevant. The driver was entitled to take a total of 11 hours + 42 hours at the end of each week. This ruling could have significance for many other EU jurisdictions and employers should check out their current practices.