The European Court of Justice (ECJ) ruled on 5 October 2004 that the maximum weekly working time, including duty time, cannot exceed 48 hours for rescue workings in an emergency medical rescue service. A derogation from that principle is valid only if consent is given, expressly and freely, by the worker individually.
The judgement in two joined cases C-397/01 to C-403/01: Bernhard Pfeiffer and Others v Deutsches Rotes Kreuz, Kreisverband Waldshut e.
Facts
The German Red Cross, which operates a land-based rescue service using ambulances and emergency medical vehicles, agreed with employees agreed in their various contracts of employment that a collective agreement was to apply, by virtue of which the employees’ average weekly working time was extended from 38.5 hours to 49 hours. During ’duty time’ the emergency workers concerned had to make themselves available to their employer at the place of employment and remain continuously attentive in order to be able to act immediately should the need arise.
Mr Pfeiffer and his fellow workers brought an action before the German Labour Court for a declaration that their average weekly working time should not exceed the 48-hour limit laid down by the European Working Time Directive (EWTD).
Decision of the ECJ
The Working Time Directive applies to emergency workers in attendance in ambulances as part of a rescue service. The exceptions provided for in the Directive for services essential for the protection of public health, safety and order in cases of exceptional gravity and scale (such as major catastrophes), which by their nature do not lend themselves to planning as regards working time.
In accordance with its judgment in the Jaeger case, the Court then held that in the calculation of the maximum period of daily and weekly working time, periods of duty time must be taken into account in their totality.
Any extension of the 48-hour period of maximum weekly working time laid down by the Directive requires each worker individually to give his consent, expressly and freely. Therefore, it is not sufficient for the employment contract to refer to a collective agreement permitting such an extension.
As far as the 48-hour maximum working week is concerned the Directive is directly applicable - ie where a National law transposing the directive is not present or is insufficiently clear an individual may rely upon the text of the Directive in a national court against the state.
