Can Rest Breaks be Classified as Working Time?

Posted in : Commercial Law for Employers on 13 October 2021
Kevin McVeigh
Elliott Duffy Garrett
Issues covered: Working Time and Leave; Rest breaks; Definition of working time; Social Policy

Key Issues: Social Policy - Working Time – Rest Period - Preliminary Ruling

Case: XR v Dopravní podnik hl. m. Prahy, akciová společnost

Reference: Case C-107/19, CJEU (Tenth Chamber), 9 September 2021

Legislation: Directive 2003/88/EEC


From November 2005 to December 2008, XR was employed as a company firefighter at DPP. XR was subject to a shift working regime, consisting of a day shift covering the period from 6.45 to 19.00 and a night shift covering the period from 18.45 to 7.00. His daily working times included two food and rest breaks of 30 minutes each.

Between 6.30 and 13.30, XR could go to the factory canteen, situated 200 metres from his workstation, provided

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This article is correct at 13/10/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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