The Supreme Court rules that on-call and waiting times are effective working time

The Supreme Court has issued a historic ruling that establishes that on-call and waiting times must be considered as effective working time, both in terms of calculating the working day and for the remuneration of overtime, if they exceed 1,792 hours per year or 160 per quarter.

8/21/2023

Until now, there was some confusion and disagreement about whether on-call and waiting times should be considered working time. Some employers argued that these periods should not be remunerated, since workers could be resting or carrying out personal activities during this time. However, this view has been rejected by the Supreme Court, which has recognized that these periods are closely linked to work activity and must be adequately compensated.

The Supreme Court's ruling, dated June 6, is based on the principle that the worker is at the employer's disposal during on-call and waiting times, which limits their personal freedom and restricts their ability to carry out activities outside the work environment. Furthermore, it is argued that these situations generate an additional burden of responsibility and stress, which justifies their consideration as effective working time.

This decision has significant implications for several sectors, such as healthcare, emergency services and security, where on-call and waiting work is common. Workers in these areas will now be able to enjoy fair compensation for their time and effort, which will provide them with greater economic stability and recognition for their work.

It is important to note that this Supreme Court ruling sets an important legal precedent, but it still needs to be properly implemented in labor law. Additional adjustments and regulations may be required to ensure its effective application and avoid potential abuses or misinterpretations.

The guards and the waits

In summary, the Supreme Court's ruling that on-call and waiting times are effective working time is a significant step forward in protecting labor rights. This decision recognizes the importance and sacrifice of workers who are subject to these conditions and guarantees fair remuneration for their time and effort.

+ INFO