Working 12 consecutive days without a weekly rest break is permissible

10 November 2017

This employment law case involves a redundant casino worker in Portugal who claimed his employer had not given him a weekly rest period of 24 hours after six consecutive working days.

The casino where the worker claimed his employer had not given him a weekly rest period of 24 hours at the appropriate time, and said it should have been given at the latest after six consecutive working days, operated 12 hours a day, 364 days of the year.

In this case Maio Marques da Rosa v Varzim Sol, the Court of Justice of the European Union (CJEU) held that there was no requirement for weekly rest to be provided after six consecutive days of work, it can be provided within each 7-day period.

The EU’s Working Time Directive allows a working pattern with a rest day at the start of one 7-day period and another rest day at the end of the following 7-day period, so working 12 consecutive days is permissible.

With thanks to Daniel Barnett’s employment law bulletin which provided the details of this case.