Las funciones históricas de la regulación del tiempo de trabajo y la naturaleza excepcional de la legislación derogatoria debido a la epidemia del coronavirus SARS-CoV-2

The author refers, first of all, to the five functions that the discipline of working time has been called upon to perform throughout history. Secondly, the essay highlights how the Euro-unitary law is essentially limited to regulating working time with regard to its impact on occupational health. However, the fact that there is discipline on such matters is also reflected in the case law of the Court of Justice in more general aspects such as the notion of subordination and questions relating to legislation against unjustified dismissals. In the third and final part, the author highlights the fact that the ongoing epidemic has led the European states, as exemplified by France and Germany, to deviate from protective discipline. In this sense, the author argues that this is a sixth function which must maintain an absolutely exceptional character.