The Concept of Working Time on the Background of Judgments of the European Court of Justice
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According to the European Court of Justice on-call duty performed by a worker where he is required to be physically present in the premises of the employer must be regarded as constituting in its totality working time for the purposes of Council Directive 2003/88 concerning certain aspects of the organization of working time. Duty has to be taken into account when minimal rest periods and maximum working time limit are concerned. Duty can constitute an overtime as well. As a result in some branches e.g. medical services more workers have to be employed. Argumentation presented in the judgments concerning on-call duty can lead to the conclusion that also other periods when worker is in disposition of the employer without performing professional activities, like business trip, constitute working time. Judgments of ECJ have their consequences in the legislative changes in Member States.
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