Exceptional exceptions: The case of the Working Time Directive
| العنوان: | Exceptional exceptions: The case of the Working Time Directive |
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| المؤلفون: | Catherine Barnard |
| المصدر: | European Labour Law Journal. 14:4-20 |
| بيانات النشر: | SAGE Publications, 2022. |
| سنة النشر: | 2022 |
| الوصف: | The application of the Working Time Directive (WTD) 2003/88 has caused serious issues in those sectors needing 24 hours a day/seven days a week cover (24/7). Employers have explored whether they can take advantage of the opt-out from the 48-hour working week in Article 22 or rely on the range of derogations in the Directive. Of particular interest, however, is the use of the exceptions. These exceptions apply, for example, ‘where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict’ with the WTD. The interpretation of the provisions on exceptions has led to a number of important cases, cases which will be considered in the article. I wish to argue that, consistent with its earlier approach, the Court has maintained that the WTD will, in principle, apply to workers, even in those sectors requiring 24/7 cover. With this as its starting premise, the Court has then set the bar high for when it will accept that any of the exceptions will apply. The Court has even indicated, in the Slovenian Army case, that the Directive will apply to the military, much to the consternation of some Member States, albeit developing a new carve out for ‘military commitment’ activities. The Court also pays close attention to the text of the exceptions to ensure that employers are not misusing them. I will argue that the exceptions are indeed exceptional. |
| تدمد: | 2399-5556 2031-9525 |
| DOI: | 10.1177/20319525221141619 |
| URL الوصول: | https://explore.openaire.eu/search/publication?articleId=doi_________::34cc5669559b87c3e9cae3234a7cadab https://doi.org/10.1177/20319525221141619 |
| Rights: | CLOSED |
| رقم الانضمام: | edsair.doi...........34cc5669559b87c3e9cae3234a7cadab |
| قاعدة البيانات: | OpenAIRE |
| تدمد: | 23995556 20319525 |
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| DOI: | 10.1177/20319525221141619 |