CRITERIA FOR DISTINGUISHING BETWEEN WORKING TIME AND REST PERIOD IN JURISPRUDENCE OF THE EUROPEAN CORT OF JUSTICE

Abstract

European Labour Law has laid down minimum safety and health requirements for the organisation of working time and rest period. Most of European labour provisions must transpose into national legislation. For the accurate transposition and application of such legislation, it is necessary to identify and understand relevant jurisprudence of the European Court of Justice of the EU. Working time and rest periods are autonomous concepts of European law and must therefore be applied equally and uniformly throughout the EU. The ECJ used a theological interpretation of these terms and gradually expanded their content. In addition, its jurisprudence provided clear criteria for distinguishing between working time and rest period. Finally, it must be noted that Croatian labour legislation and jurisprudence did not follow the development the EU concept of working time and rest period.