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On-Call but Only Paid if Duties Are Onerous, Top EU Court Says

(Image by nerami30 from Pixabay via Courthouse News) LUXEMBOURG (CN) On-call time can count as working time, but only occurring regularly and saddling the employee with severe restrictions, the EU’s high court held on Tuesday. The European Court of Justice ruled in two separate cases, one from Slovenia and one from Germany, where employees had challenged requirements that they be available for work at short notice but officially not on the clock.  “If the worker is, on average, frequently called upon to provide services during his or her periods of stand-by time and, as a general rule, those services are not of a short duration, the entirety of those periods constitutes, in principle, ‘working time,’” the Luxembourg-based court found in the Slovenian case. 

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