If you are on call, you do not have time off directly. But it’s not really work until a call comes and you have to get out. This makes the on-call service quite unique. This model can cause confusion, especially when it comes to recording working time. When does the on-call duty start?
What exactly is on-call duty?
On-call duty means that employees make themselves available for a predetermined period of time if work is required. It is therefore not clear what work or whether any work at all is required during on-call duty.
The most widespread on-call service is 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 established itself in this sector.
The special feature of this form of service is that it is often not necessary to be directly present at the workplace. This means that employees can basically sit at home on the sofa in front of the TV while they are on call. But 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 service is provided also depends on the individual case. For example, if someone lives several places away, they cannot be on call at home, as the location needs to be reached as quickly as possible. Emergency paramedics are usually on call at the hospital. The employer can stipulate where the standby duty must be carried out. If he determines that you have to be in the company for this, you have to 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 standby. 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.
One exception, according to a ruling by the European Court of Justice (ECJ), is the so-called on-call duty. On-call duty is a special form of on-call duty in which the employee can organize their time more or less freely. This means that he must be available, but may do so wherever he pleases. He therefore does not have to be on call either 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. What constitutes “significant restrictions” is not precisely defined, but it is 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.
Standby time, 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 no employer may provide more than 48 hours of on-call duty per week. The same rules apply as for any other work. Regardless of how much work is actually required 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 may happen that no work is carried out during an entire shift. Conversely, it can also be the case that one 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. This means that working time can be easily recorded and logged at any time and in any place.
