Keywords
Summary

Keywords

Social policy – Protection of the safety and health of workers – Organisation of working time – Working time – Concept

(European Parliament and Directive Council 2003/88, Art. 2; Council Directive 93/104, Art. 2)

Summary

Directive 93/104 concerning certain aspects of the organisation of working time, as amended by Directive 2000/34 and Directive 2003/88, concerning certain aspects of the organisation of working time, should be interpreted as:

– precluding national legislation under which on-call duty performed by a doctor under a system where he is expected to be physically present at the place of work, but in the course of which he does no actual work, is not treated as wholly constituting ‘working time’ within the meaning of the said directives;

– not preventing a Member State from applying legislation on the remuneration of workers and concerning on-call duties performed by them at the workplace which makes a distinction between the treatment of periods in the course of which work is actually done and those during which no actual work is done, provided that such a system wholly guarantees the practical effect of the rights conferred on workers by the said directives in order to ensure the effective protection of their health and safety.

(see paras 31, 35-36, operative part)