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The third shift: How Do Professional Women Articulate Working Time and Family Time?. Bulletin of comparative labour relations: Work-life balance in the modern workplace, Sarah De Groof (Dir), Wolters Kluwer.
... 76 It would also account for the third shift, where employees work in the evening after having finished their 'normal' work during the day. 77 Therefore, I believe WTD should deviate from the strict dichotomy between 'working time' and 'rest time' and introduce an intermediate category which allows to take the intensity of work, or interruptions, as qualitative dimensions of the concept of working time or rest periods respectively into account. ...
The European Court of Justice has recently issued rulings on the interpretation of the European Working Time Directive 2003/88, which appear to restrict flexible working time arrangements (especially Matzak C-518/15, Syndicat C-254/18 and CCOO C-55/18). Only a few months prior to the latter ruling of the CJEU, the Austrian legislator amended the Working Time Act in order to make it more flexible. The article argues that the measures taken by the Austrian legislator to enable more flexibility and autonomy can still be regarded as compatible with Union law. In general, the article tackles the question of possible further legislative developments in order to strike a balance between autonomy and the need for security of both parties to the employment relationship. Among other suggestions, the article introduces the concept of molecularisation of working time and examines whether work intensity should be introduced as a qualitative dimension to the concept of working time, thus deviating from the current European Working Time Directive. Finally, the article suggests security measures – often referring to Austria as a best practice example – in order to safeguard workers in view of working time flexibility.
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