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ECJ: On-call work in hospitals should be counted as working time

This report relates to 1 case(s)

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    Landeshauptstadt Kiel v Jaeger [2003] IRLR 804 ECJ (3 other reports)

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    • ECJ: On-call working is working time

      1 October 2003

      In case C:151/02 Landeshauptstadt Kiel v Norbert Jaeger, the European Court of Justice (ECJ) ruled on 9 September 2003 that all on-call duty at a place determined by an employer constitutes working time in its entirety, even where the employee is permitted to rest at the place of work when their services are not required.

In case C-151/02 Landeshauptstadt Kiel v Norbert Jaeger, Advocate-General Ruiz-Jarabo stated on 8 April that all time spent by a doctor on call in a hospital constitutes working time for the purposes of community law.

Since 1 May 1992, Norbert Jaeger has worked as an assistant doctor in a hospital in Kiel, Germany, where he is on call six times a month, for periods of 16 hours, 18.5 hours, 25 hours or 22 hours and 45 minutes, depending on the day of the week.