Human Resources

Repair of non-compliance with the daily rest period shall be automatic

Publié le 29 février 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Non-compliance with the daily rest period between two services constitutes a failure to fulfill the employer’s obligation to provide security and to pay compensation. The Court of Cassation said so in a February 7, 2024, ruling published in the bulletin.

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Image 1Crédits: Chanelle Malambo/ -

An employee takes his employer to court. He seeks compensation for failure to comply with the safety obligation resulting from failure to observe the rest period between two periods of work.

The Court of Appeal dismissed the employee’s claim on the ground that he had not adduced evidence of specific damage in the present case.

The Court of Cassation quashed the judgment of the Court of Appeal and granted the employee’s claim for compensation. It states that, for two years, the employee did not receive a daily rest period of 12 hours between two shifts. The employer therefore failed to meet its safety obligation.

Thus, non-compliance with the minimum daily rest period is now entitled to compensation.

Please note

This solution applies to both treaty provisions and legal provisions.