Ruling of the Court of Justice of the EU of the 9th of March 2021. (C-344/19)

As a general rule, domestic on-call duty is not working time. The Court of Justice of the European Union clarifies in which situations such on-call time can be counted as working time.

This will be the case, for example, if it turns out that the rules for this on-call duty are so objectively and substantially onerous that the employee cannot manage his time freely.

The ruling is discussed by Iwona Jaroszewska-Ignatowska Ph.D.