d1e3082-1-1__para__5
The Court has clarified in the context of qualifying ‘on-call’ or ‘stand-by’ as either ‘working time’ or ‘rest period’ that when ‘on-call’ or ‘stand-by’ duty takes place in a place determined by the employer, which is different from the worker’s home, the entire period of such duty qualifies systematically as ‘working time’ under the Directive, without any further assessment being necessary (117). However, when the workplace is also the worker’s home, the qualification as ‘working time’ or ‘rest period’ will depend on the intensity of constraints imposed on the worker by the employer (118).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.