Do your employees have to be ready for work at all times, even during periods otherwise reserved for breaks and rest? Then read on, because it is finally clear whether employees are entitled to be paid for such activities or not.
The Constitutional Court has concluded that time, which should be used for rest but during which employees must be constantly on standby and ready to work, in fact constitutes the performance of work.
Working time must also include the time during which the employee is subject to restrictions imposed by the employer, which significantly affect the employee's ability to manage his or her free time and pursue personal interests. It does not matter whether or not the activity, which is otherwise the employee's normal job, actually took place.
However, the fact that an employee is entitled to remuneration for the time spent on call does not necessarily mean that the remuneration must correspond to his/her standard hourly remuneration. The employee is entitled to a fair remuneration for his/her work. The employer is therefore probably not wrong to award the employee less pay for the on-call time. However, each case must be assessed individually.