The employer is required to make sure workers take rest periods. The Directive 93/104/EC on the organization of working time was implemented into British law by the Working Time Regulations of 1999 which, in accordance with the directive, create minimum rest periods and a maximum limit of working hours per week. To ease the understanding of this text, the Departement of Trade and Industry (DTI) has published guidelines explaining the conditions of application of the regulations in which it is a
…CJEC: the employer must let workers exercise their right to rest
According to the CJEC, UK employers are not obliged to ensure that workers are actually able to exercise their right to rest”, so the British government infringes the Community law. The Court also says that the employer must “make sure workers take their rest periods” and defines the outlines of this responsibility. (Ref 06865)
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