JUDGMENT OF THE COURT (Seventh Chamber)
19 December 2024 (*)
( Reference for a preliminary ruling – Social policy – Protection of the safety
and health of workers – Organisation of working time – Daily and weekly rest –
Article 31(2) of the Charter of Fundamental Rights of the European Union –
Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to
establish a system enabling the duration of time worked by domestic workers to
be measured – Derogation – National legislation exempting domestic workers
from the obligation to record actual time worked )
In Case C-531/23 [Loredas], (i)
REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunal
Superior de Justicia del País Vasco (High Court of Justice of the Basque
Country, Spain), made by decision of 20 June 2023, received at the Court on
5 July 2023, in the proceedings
HJ v US, MU,
intervening parties:
Fondo de Garantía Salarial (FOGASA),
THE COURT (Seventh Chamber) ... gives the following
Judgment
1 This request for a preliminary ruling concerns the interpretation of
Articles 3, 5, 6 and 16, Article 17(4)(b) and Articles 19 and 22 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 (OJ 2003
L 299, p. 9), ... and of Articles 20 and 21 and Article 31(2) of the Charter of
Fundamental Rights of the European Union (‘the Charter’).
2 The request has been made in proceedings between, on the one hand, HJ,
a domestic worker, and, on the other, US and MU, her employers, concerning
her dismissal and payment for hours of overtime worked and days of leave not
taken.
Legal context
European Union law
Directive 2003/88
3 Article 1(1) of Directive 2003/88 provides:
, ‘This Directive lays down minimum safety and health requirements for the
organisation of working time.’
4 Article 2 of that directive is worded as follows:
‘For the purposes of this Directive, the following definitions shall apply:
1. “working time” means any period during which the worker is working, at
the employer’s disposal and carrying out his activity or duties, in accordance
with national laws and/or practice;
…
5 Article 3 of that directive, entitled ‘Daily rest’, provides:
‘Member States shall take the measures necessary to ensure that every worker is
entitled to a minimum daily rest period of 11 consecutive hours per 24-hour
period.’
6 Article 5 of that directive, entitled ‘Weekly rest period’, provides:
‘Member States shall take the measures necessary to ensure that, per each
seven-day period, every worker is entitled to a minimum uninterrupted rest
period of 24 hours plus the 11 hours’ daily rest referred to in Article 3.
If objective, technical or work organisation conditions so justify, a minimum
rest period of 24 hours may be applied.’
7 Article 6 of Directive 2003/88, entitled ‘Maximum weekly working time’,
provides:
‘Member States shall take the measures necessary to ensure that, in keeping
with the need to protect the safety and health of workers:
(a) the period of weekly working time is limited by means of laws,
regulations or administrative provisions or by collective agreements or
agreements between the two sides of industry;
(b) the average working time for each seven-day period, including overtime,
does not exceed 48 hours.’
8 Article 17 of that directive, entitled ‘Derogations’, provides in
paragraphs 1 and 4:
‘1. With due regard for the general principles of the protection of the safety
and health of workers, Member States may derogate from Articles 3 to 6, 8 and
16 when, on account of the specific characteristics of the activity concerned, the
19 December 2024 (*)
( Reference for a preliminary ruling – Social policy – Protection of the safety
and health of workers – Organisation of working time – Daily and weekly rest –
Article 31(2) of the Charter of Fundamental Rights of the European Union –
Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to
establish a system enabling the duration of time worked by domestic workers to
be measured – Derogation – National legislation exempting domestic workers
from the obligation to record actual time worked )
In Case C-531/23 [Loredas], (i)
REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunal
Superior de Justicia del País Vasco (High Court of Justice of the Basque
Country, Spain), made by decision of 20 June 2023, received at the Court on
5 July 2023, in the proceedings
HJ v US, MU,
intervening parties:
Fondo de Garantía Salarial (FOGASA),
THE COURT (Seventh Chamber) ... gives the following
Judgment
1 This request for a preliminary ruling concerns the interpretation of
Articles 3, 5, 6 and 16, Article 17(4)(b) and Articles 19 and 22 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 (OJ 2003
L 299, p. 9), ... and of Articles 20 and 21 and Article 31(2) of the Charter of
Fundamental Rights of the European Union (‘the Charter’).
2 The request has been made in proceedings between, on the one hand, HJ,
a domestic worker, and, on the other, US and MU, her employers, concerning
her dismissal and payment for hours of overtime worked and days of leave not
taken.
Legal context
European Union law
Directive 2003/88
3 Article 1(1) of Directive 2003/88 provides:
, ‘This Directive lays down minimum safety and health requirements for the
organisation of working time.’
4 Article 2 of that directive is worded as follows:
‘For the purposes of this Directive, the following definitions shall apply:
1. “working time” means any period during which the worker is working, at
the employer’s disposal and carrying out his activity or duties, in accordance
with national laws and/or practice;
…
5 Article 3 of that directive, entitled ‘Daily rest’, provides:
‘Member States shall take the measures necessary to ensure that every worker is
entitled to a minimum daily rest period of 11 consecutive hours per 24-hour
period.’
6 Article 5 of that directive, entitled ‘Weekly rest period’, provides:
‘Member States shall take the measures necessary to ensure that, per each
seven-day period, every worker is entitled to a minimum uninterrupted rest
period of 24 hours plus the 11 hours’ daily rest referred to in Article 3.
If objective, technical or work organisation conditions so justify, a minimum
rest period of 24 hours may be applied.’
7 Article 6 of Directive 2003/88, entitled ‘Maximum weekly working time’,
provides:
‘Member States shall take the measures necessary to ensure that, in keeping
with the need to protect the safety and health of workers:
(a) the period of weekly working time is limited by means of laws,
regulations or administrative provisions or by collective agreements or
agreements between the two sides of industry;
(b) the average working time for each seven-day period, including overtime,
does not exceed 48 hours.’
8 Article 17 of that directive, entitled ‘Derogations’, provides in
paragraphs 1 and 4:
‘1. With due regard for the general principles of the protection of the safety
and health of workers, Member States may derogate from Articles 3 to 6, 8 and
16 when, on account of the specific characteristics of the activity concerned, the
