Stand-by times at home included in the working time
The judgment C-518/15 of the Court of Justice of the European Union (“the Court”) of 21 February 2018 affects all the cases in which the worker spends stand-by time at home but is restricted in carrying out other activities because of uncertain event and the duty to respond to calls from his employer. In the EU, the working time and also its definition are governed by the Directive 2003/88/EC (“Directive”). In the case at hand, the Court considered several questions in relation to the interpretation of the working time under this Directive. The Court explained that the Member States may not define working time differently but are free to adopt provisions regarding periods of working time and rest periods which are more favourable. At the same time the Court explained that the Directive does not apply to the remuneration of workers because this falls within the scope of competence of the Member States.
In the case at hand, the volunteer firefighter Rudy Matzak from Nivelles demanded the remuneration of a stand-by time that was regularly required of him as a volunteer firefighter. Mr Matzak was required to stand-by at home and to respond to calls from his employer within 8 minutes. Even though Mr Matzak was a voluntary firefighter, in this specific case the Court regarded him as a worker. The Court was addressed a question whether, in the case like this, a stand-by time can be included in the working time.
The Court explained that cases where worker is at home during the stand-by time and has a duty to respond to the calls of the employer in a short time interval significantly restrict his possibilities to perform other activities. For this reason, such stand-by time is to be considered a “working time”. The judgment makes clear, however, that this case cannot be compared to a case where the worker performs a stand-by duty according to a stand-by system which requires that the worker be permanently accessible without being required to be present at the place of work.
It is certain that the adopted decision affects the employers’ organisation of the working time. As the stand-by time of the worker in described cases is considered a working time the employers will have to organise working time in such a manner that the workers will still be guaranteed the right to rest.
