Review article
https://doi.org/10.31141/zrpfs/2267
The Right of Workers to Rest Breaks at Work in the Republic of Croatia and the European Union – Legal Framework and Practices of the Croatian Courts and of the Court of Justice of the European Union
Dragana Bjelić Gaćeša
; Pravni fakultet Osijek
Abstract
The right to rest is one of the basic rights of workers in the employment relationship with the
purpose of restoring the physical and mental strength of the worker. The types of rest available
to workers during or after working hours are breaks, daily rest, weekly rest, and annual leave.
Regardless of the type of rest, the results of the conducted research speak in favour of the positive
effects they have on the health and safety of workers at work, as well as on their productivity. The focus of this paper is on the rest break, which the International Labour Organisation designates as
“workday breaks“ and defines it as a rest organized during the working day in such a way as to
interrupt work for the purpose of workers’ rest, meals or worker’s other needs. In most countries,
breaks are mandatory for all workers who work more than 6 hours a day. However, the situation
differs much in the member states of the European Union regarding duration of the break, the way
it is organized, governed by heteronomous or autonomous sources of law, as well as regarding
the issue of the possibility of its inclusion in working time? As regards the secondary legislation
of the European Union, the 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 stands out; it
sets out the minimum safety and health conditions for the organisation of working time. Pursuant
to Article 4 of the Directive, a worker is entitled to a break if their working day lasts longer than
6 hours. In accordance with the Directive, collective agreements or agreements between workers
and employers play a major role in setting out the details of the break duration as well as of the
conditions for its implementation. The Directive was incorporated into the Croatian legislation in
the Labour Act of the Republic of Croatia (Official Gazette No. 93/14, 127/17, 98/19, 151/22, 46/23
and 64/23). Article 73 of the Act sets out the right to a break and thereby all workers who work at
least six hours a day are entitled to a minimum thirty minute break every working day. This applies
only under the condition that there is no separate law that sets out different provisions. When it
comes to minor workers in the Republic of Croatia, the provisions of the Labour Act are slightly
different. Namely, in order for minor workers to exercise their right to a break lasting at least thirty
consecutive minutes, they must work at least four and a half hours a day. It should be emphasized
that in accordance with the provisions of the Labour Act, a break in the Republic of Croatia is
regarded as working time.
The aim of the paper is to analyse the ways that workers’ rights to breaks are regulated in the
Republic of Croatia compared to those applied in the selected member states of the European Union.
This is done with regard to the issues of the duration of the break, the way it is organized as well as
to the question of whether or not it is included in the working time. The paper pays special attention
to the analysis of the decisions of the courts in the Republic of Croatia and the Court of Justice of
the European Union in cases regarding the right to a break. Finally, the conclusions are drawn on the
stands that the Courts had taken in these cases and on their consequences for the workers.
Keywords
right to rest break; Labour Act of the Republic of Croatia; Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time; Court of Justice of the European Union
Hrčak ID:
352090
URI
Publication date:
30.6.2026.
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