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ECJ rules out graduated pay rates for "on-call" time

This report relates to 1 case(s)

One of the key points addressed by the European Commission in its current proposal to make the Working Time Directive (93/104/EC) ("WTD") more flexible is the issue of how on-call time is to be treated. The European Court of Justice (ECJ) has already made it clear (for instance in the case of Jaeger (C-151/02)) that on-call time cannot be regarded as a rest period for the purposes of the WTD, even if the employee is asleep at the time and not called on to work at all.