A recent European Court of Justice (ECJ) ruling on the Working Time Directive has cast fresh light on whether being on call counts as 'working time'.
According to People Management, working time is defined as any period during which employees work, are at their employer’s disposal or carry out their activities or duties.
In the Ville de Nivelles v Matzak case in point, the claimant, Mr Matzak, was a volunteer firefighter based in Belgium who was on a standby rota. When on call, he was required to be contactable and remain within eight minutes of his workplace, which meant that he had to live near the fire station. Although his standby time was not paid, Matzak believed he should receive renumeration when on call.
Even though he did not actually undertake any work when he was on call, the ECJ decided that it counted as working time. The decision was based on the fact that Matzak did not get to decide where he spent his on call time and could be required to be at work at short notice. These restrictions limited his ability to pursue his own interests, the Court said.
While this situation meant Mazak could end up being paid for doing nothing, his employer was felt to benefit too. By being available in the event of a call-out, he was providing a service, which was critical to his employer’s operations. The Court ruled it was a misuse of that employer’s authority to require workers to be at their behest without any recognition of the fact.
As a result, employers that operate standby rotas are being advised to review their arrangements. If restrictions on location and response time exist for on-call staff, the first question is whether they stop the worker using this standby time for their own purposes.
If they do, employers should consider whether such restrictions are necessary. If they are, it is important to ensure that, once standby time is included, staff still receive the necessary rest breaks and do not exceed working limits unless required opt-outs are in place.
Emma Woollacott is a freelance business journalist. Her work has appeared in a wide range of publications, including the Guardian, the Times, Forbes and the BBC.
A recent European Court of Justice (ECJ) ruling on the Working Time Directive has cast fresh light on whether being on call counts as 'working time'.
According to People Management, working time is defined as any period during which employees work, are at their employer’s disposal or carry out their activities or duties.
In the Ville de Nivelles v Matzak case in point, the claimant, Mr Matzak, was a volunteer firefighter based in Belgium who was on a standby rota. When on call, he was required to be contactable and remain within eight minutes of his workplace, which meant that he had to live near the fire station. Although his standby time was not paid, Matzak believed he should receive renumeration when on call.
Even though he did not actually undertake any work when he was on call, the ECJ decided that it counted as working time. The decision was based on the fact that Matzak did not get to decide where he spent his on call time and could be required to be at work at short notice. These restrictions limited his ability to pursue his own interests, the Court said.
While this situation meant Mazak could end up being paid for doing nothing, his employer was felt to benefit too. By being available in the event of a call-out, he was providing a service, which was critical to his employer’s operations. The Court ruled it was a misuse of that employer’s authority to require workers to be at their behest without any recognition of the fact.
As a result, employers that operate standby rotas are being advised to review their arrangements. If restrictions on location and response time exist for on-call staff, the first question is whether they stop the worker using this standby time for their own purposes.
If they do, employers should consider whether such restrictions are necessary. If they are, it is important to ensure that, once standby time is included, staff still receive the necessary rest breaks and do not exceed working limits unless required opt-outs are in place.
Emma Woollacott is a freelance business journalist. Her work has appeared in a wide range of publications, including the Guardian, the Times, Forbes and the BBC.
