The article aim is to analyze the legislation and jurisprudence regarding the use of biometric data by employers in order to establish the working time and to present which are the legal possibilities available to an employee who does not agree with the use of his biometric data.

In the present article the author analyses rest time forms regulated during the work schedule (lunch break), the one at the end of the daily work schedule (daily rest), as well as the one at the end of the week (weekly rest). It is emphasized that working time cannot be continuous, as it is intersected or segmented by daily and weekly rest periods. There is a symbiosis between working time and rest time.