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The ECJ considers on-call duty as working time

The European Court of Justice has again confirmed its opinion that on-call duty is to be classified as working time, under the Working Time Directive.

This ruling refers to a French case where social and health services are particularly targeted. Under a French decree, certain periods of night on-call duty, including periods of inactivity are calculated on a flat-rate basis, which could amount to or exceed 60 hours of work a week.

Although the Court does not consider that the EU working Time Directive applies to the remuneration of workers, it states that the hours of actual presence on the premises, including the inactive part must be counted as working hours.

- ECJ Case 14/04

- ECJ to rule on UK’s implementation of the European Working Time Directive

- All time spent by a doctor on call in a hospital constitutes working time

Last modified on April 6 2006.

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24 April 01:33

The ECJ considers on-call duty as working time

I am currently employed aas aproject worker at a training acc. hostel that is staffed 24 hours a day. This means I work 37.5 hours per week. mon tues 2pm to 10pm, weds, thurs fri, 9-5 pm. I am on call one in five weeks, and am expected to come in if there is what is classed as an emergency, which can sometime smesn covering a shift if the rotaed person fails to show for a shift. I am e-mailing tnight as I finished this evening at 18.30, and have been require to come in aas the cover for 10pm to 8.00am has not shown. As far as I understand, the European directive states ( as quoted by senior management) that workers are required by law to have an 11 hour break in between shifts, I’m worried as to what my postion would be as far as employment law is concerned, and what are my companies legal obligations are in regard to this. we are paid £50 per month for on-call, but tthe time on-call is not taken into consideration as unsociable hours, and we have to take the time worked on -call back in lieu, and are encouraged to follow the European directive after working an on-call shift, but not before if it means coming in to ensure 24 hour cover. I like the company I’m working for, but need more information about this. I’m confused.............. Can you help?

Thanks

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