— The worker is at the employer’s disposal
On this issue, the decisive factor is that the worker is available to provide the appropriate services immediately in case of need (119). This is the case where workers are legally obliged to obey the instructions of their employer and carry out their activity for that employer. On the contrary, where workers can manage their time without major constraints and pursue their own interests, this could prove that the period of time in question does not constitute ‘working time’ (120). In the context of ‘stand-by’, where workers are free to choose their whereabouts, this implies the necessity for national courts to establish in each case whether constraints the employer imposes on the worker are such as to affect, objectively and very significantly, the possibility for the latter freely to manage the time during which his or her professional services are not required and to pursue his or her own interests (121). Only if this is the case will the entire period of ‘stand-by’ qualify as ‘working time’. On the contrary, where the constraints imposed on the worker by the employer during the ‘stand-by’ do not prevent the worker from pursuing his or her own interest, only the time linked to the actual provision of services must be regarded as ‘working time’ (122).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.