If you’re on call, you don’t have any free time. But it’s not really work until a call comes in and you have to go out. This makes on-call duty quite unique. This model can cause confusion, especially when it comes to recording working hours. When does on-call duty start?
What exactly is on-call duty?
On-call duty requires employees to make themselves available for a predetermined period of time if work is required. It is therefore not clear what work or whether any work is required during on-call duty.
On-call duty is most widespread in the form of emergency paramedics. However, it also occurs in other sectors. For example, many towing services provide an on-call service. For some years now, the on-call service has also been very popular with IT companies. As companies and private individuals like to have quick help with technical problems with their computers, the on-call service has become established in this sector.
The special feature of this form of duty is that it is often not necessary to be directly present at the workplace. Employees can therefore basically sit at home on the sofa in front of the TV while they are on call. However, as soon as a call comes in, they have to get out and can’t finish watching the movie on TV first.
However, where the on-call duty is performed also depends on the individual case. For example, if someone lives several towns away, they cannot be on call at home, as the location must be reached as quickly as possible. Emergency paramedics are usually on call at the hospital. The employer can stipulate where the on-call duty must be carried out. If the employer stipulates that you must be at the company, you must comply with this as an employee.
However, the employer may not dictate how employees spend their on-call time. For example, you can simply sleep while on call. The only important thing is that you can be contacted at any time and that you respond to this contact.
Is on-call duty working time?
The short answer: Yes, on-call duty is working time and must be recorded and paid accordingly.
According to a ruling by the European Court of Justice (ECJ), on-call duty is an exception to this rule. On-call duty is a special form of on-call duty in which the employee can organize their time as they wish. This means that they must be available, but may do so wherever they like. In other words, they do not have to be on call at the company or at home. As this is equivalent to free time, it is not considered working time.
However, there is also an exception to this rule, namely if “significant restrictions” are imposed by the employer. There is no precise definition of what “significant restrictions” are, but they are basically the same as for normal on-call duty. This means that on-call duty is similar to conventional on-call duty and becomes working time.
On-call duty, on the other hand, is always working time. This is an on-call service that must be performed at the workplace. Cab drivers waiting for passengers are an example of this.
As on-call duty is part of working time, it must also be taken into account within the framework of the maximum working hours stipulated by the Working Hours Act (ArbZG). On-call duty may not last longer than 10 hours and an employer may not provide more than 48 hours of on-call duty per week. The same rules therefore apply as for any other work. Regardless of how much work is actually performed during on-call duty.
The remuneration for on-call duty does not have to be the full hourly rate stated in the employment contract. Employers and employees can agree on a lower hourly rate for on-call duty in the employment contract. However, under no circumstances may the remuneration be below the minimum wage.
Conclusion
On-call duty is not uncommon, but it is a special form of work. It can happen that no work is done during an entire shift. Conversely, it can also be the case that one work location follows the next during a shift. Irrespective of the actual work performed, on-call duty is considered working time.
As on-call duty does not have to be carried out at the workplace in every case and in every form, a mobile time recording system such as the timecard is ideal for recording working time. This allows working time to be easily recorded and logged at any time and in any place.
