CALL FOR PAPERS Nº 52. - December 2024

WORKING TIME IN THE 21ST CENTURY

Without any doubt, the most important changes regarding the regulations governing working time in European Union in recent years are related to the transposition into the national legal orders of two European directives: Directive (EU) 2019/1158 on work-life balance for parents and careers and Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union. At the state level, in Spain, the reduction of working hours is currently debated and the Spanish Government intends to reduce working hours while guaranteeing workers' wages. At the same time, the benefits of this measure include the work-life balance, job creation and increased productivity, among others.

The regulation of the working time in general is particularly complex. To this extent, in 2023, the European Commission drew up Interpretative Communication on Directive 2003/88/EC concerning certain aspects of the organisation of working time. The previously mentioned directive led to changes in the legislation of the Member States and has led to important and well-known European Court of Justice’ decisions. The reference legislation, both EU and, are based on an exclusive and restrictive delimitation of working time and rest time, which is directly linked to the physical presence of the worker at workplace. However, the technological and digital revolution has led to an overflow of this “classic concept” of workplace that generates conflicts between working time and rest time, conflicts which are being resolved by case law.

With this issue, we intend to invite you to reflect on the current and future legislation on working time and its application in the field of labour and social security (effective working time, working hours, predictability, rest, leave, vacations, occupational risk prevention, social security...).

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