Tiempo de trabajo e igualdad de derechos: a vueltas con la protección efectiva de los trabajadores nocturnosSentencias del Tribunal de Justicia de la Unión Europea 6ª de 4 de mayo de 2023, asuntos acumulados C 529/21 a C‐536/21 y C‐732/21 a C‐738/21: OP y otros

Abstract

The organization of working time, given the impact that this issue can have on guaranteeing the health and safety of the worker on the one hand, and on the performance and productivity of the company on the other, has become a key issue in achieving and guaranteeing what has been called «decent work». In the framework described above, atypical forms of work, such as night work, make it even more complex to achieve an adequate balance between the interests of both parties. Thus, it is not surprising that such cases often end up in court. In particular, by means of the Judgment of the Court of Justice of the European Union of 4 May 2023, the Court has decided on a number of questions that have arisen in the context of night work in the public sector. Specifically, whether Directive 2003/88 is applicable to certain specific activities of the public service and, on the other hand, whether there is a situation of discrimination of workers in the public sector with respect to those in the private sector by establishing, in the case of the latter, a shorter maximum working day during night work.