CESI@home on ‘Standby and working time’

Three years after the significant ‘Matzak’ verdict according to which standby time at home can be regarded as working time, the Court of Justice of the European Union (CJEU) revisited the subject matter as part of the cases ‘D.J. v Radiotelevizija Slovenija’ and ‘RJ v Stadt Offenbach am Main’ and came to further refined conclusions regarding the interpretation of the EU working time directive 2003/88 and the notions of ‘working time’ and ‘rest periods’.

In this context, CESI organised a discussion on the significance of these recent developments for European workers, and especially for workers in sectors where on-call and standby duties are common, such as the emergency and health care services sectors.

Klaus Heeger, Secretary General of CESI, who facilitated the debate, discussed with a panel of special guests about the meaning of the recent cases. Adam Pokorny (Head of the Working Conditions Unit at the European Commission), Pierre Joassart (Lawyer of Mr Matzak at the law firm ‘Deckers&Joassart) and Alain Laratta (Secretary General of the French firefighter union ‘Avenir Secours’) answered to timely questions posed by Mr Heeger and representatives of other trade unions:

How is the Working Time Directive interpreted in terms of the notions of ‘working time’ and ‘rest periods’? Which is the line between the mutually exclusive working time and rest periods? Do we need new EU Legislation on working time? What did we learn from the recent court decisions? (How) do they affect the working hours and remuneration of on-call/standby workers? What are the needs and demands of workers in the emergency sector? Which is the role of trade unions?

New decisions by the CJEU on the interpretation of the Working Time Directive and additional initiatives by the European Commission are expected in the near future and CESI is committed to be present at all these crucial developments.