![]() During these periods of stand-by, he must arrive at the fire station within 10 minutes after receiving an emergency call. The period of stand-by time was 7 days per week and 24 hours per day (except for leave periods or periods notified and agreed in advance). ![]() It concerned again a firefighter, who was employed part-time as an on-call or retained firefighter by the Dublin City Council.Īs an on-call firefighter, the employee was required to participate in 75% of the brigade’s interventions but could refuse the remaining 25%. On 11 November 2021, the Court decided on a case Footnote 3 dealing with the calculation of the hours worked during periods of stand-by time. If the workers must be reachable at all times but are not required to remain at a place determined by the employer – in this case, only the time linked to the actual provision of services must be regarded as working time since the workers may manage their time with fewer constraints and pursue their own interests. If the on-call workers are required to be present at the workplace – the time is to be regarded in its entirety as working time. The specific cases of ‘on-call’ and ‘standby’ time have been occupying the European Court of Justice for quite some time. Also, the fact that the activity carried out by a worker during periods of vocational training differed from that which he/she carried out in the course of his/her normal duties, did not change the fact that those periods are to be considered working time, provided that the vocational training is done at the employer’s and the worker is subject to the employer’s instructions. It found irrelevant the fact that it took place outside normal working hours or that the obligation of vocational training arose from national legislation. The Court considered that during the periods of vocational training, that worker was indeed at the employer’s disposal within the meaning of Article 2(1) of the Directive. 124 hours took place outside the normal working hours of the employee, who then claimed the municipality to pay those hours as overtime.Īccording to previous case-law, a decisive factor for the concept of ‘working time’ is the fact that the worker is required to be physically present at the place determined by the employer (either worker’s usual place of work or other) and to remain available to the employer in order to be able, if necessary, to provide his or her services immediately. The training took place with a vocational training provider at the premises of that training provider. In a Romanian case rendered on 28 October 2021, Footnote 2 the CJEU had to answer the question whether training time, mandatory vocational training, requested by the employer, constitutes working time within the meaning of Article 2 of Directive 2003/88.Ī full-time firefighter employed by a Romanian municipality was instructed to take 160 hours of vocational training. ![]() As the Court has clarified in previous case-law, these two concepts are mutually exclusive and there is no scope for intermediate categories. In its second paragraph, Article 2 defines ‘rest period’ as “ any period which is not working time”. ![]() Article 2 of Directive 2003/88 defines working time as: “any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice”. ![]()
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