Prethodno priopćenje
HEALTH AND SAFETY OF WORKERS THROUGH IMPLEMENTATION OF WORKING HOURS AND REST REGULATIONS
Svjetlana Šokčević
; Sindikat tekstila, obuće, kože, gume Hrvatske, Zagreb, Hrvatska
Sažetak
Directive 2003/88/EC of the European Parliament and Council of 4 November 2003 on the organisation of working hours is an important source of secondary law of the EU obliging the Republic of Croatia to compliance. Based on this Directive and Directive 93/104/EC whose validity ceased with the passing of Directive 2003/88/EC, the European Court of Justice (ECJ) became the source of law that the member states need to observe. The majority of its practise, irrespective of the fact that it referred to Directive 93/104/EC is still relevant in the implementation of Directive 2003/88/EC.
It is evident that the purpose of the regulations on the organisation of working hours and rests is to protect the health of workers and promote safety. Legal entities and institutions in the Republic of Croatia must be aware of these regulations in the implementation and interpretation of national laws on working hours and rests. The ECJ insists on a broad interpretation of basic regulations whereby the EU secures that individuals exercise their subjective rights, and it also insists that the interpretation of regulations to make room for exceptions be very limited.
The ECJ does not allow that concepts such as working hours, employee and employer be defined by national legal systems if their implementation results in, or limits the rights granted by the EU legal system. Directive 2003/88/EC is directly affected by the interpretation of Council Directive 89/391/EC of 12 June 1989 on the measures for improving safety and health of employees at work. This interpretation is also relevant for the implementation of special laws and regulations governing, in the Republic of Croatia, the rights and obligations of employees in certain types of work, such as customs, police, fire-fighting, etc. Stated conclusively is that in the EU secondary law and in the ECJ practise there is a great number of arguments in favour of working hours and rest regulations as important factors for health protection and safety.
Ključne riječi
working hours; rests; health protection and safety; secondary law of the EU; rights and their interpretation
Hrčak ID:
83864
URI
Datum izdavanja:
3.7.2012.
Posjeta: 2.824 *