The Right to Rest

Abstract

Abstract This chapter explores Catholic Social Teaching (CST) on the right to rest for workers. It uses this as a lens through which to evaluate EU law. In CST, the dignity of the human person demands sufficient rest for the body and time free from work for religious practice and for fostering relationships with others. Consequently, CST upholds a strong duty on employers to provide adequate rest for workers and it recognizes that this may require legal intervention by the state. In EU law, the Court of Justice attaches particular importance to the fundamental right of all workers to rest. Although this resonates with CST, the normative basis of the right to rest is less clear. Recent case law has begun to draw a connection between rest and dignity, but this remains tentative. CST and EU law diverge on the right to Sunday rest. This is central to CST, but the Court of Justice held that the EU did not enjoy the legislative power to designate Sunday as a rest day. Advocates for CST have supported the idea of a right to disconnect from digital devices during workers’ rest periods, which is under consideration at EU level. This chapter argues that CST provides a reminder of the value to workers of being able to share rest at a similar time to others in their family and community. This collective perspective on rest is absent from EU law and it warrants further reflection.