argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: stand-by time - worker - working time

On 21 February 2018, the Court of Justice of the European Union, in the case C-518/15 stated that the obligation to remain physically present at the place determined by the employer and the requirement to reach the place of work within a short period very significantly restrict a worker’s opportunities for other activities. On the basis of the Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, the E.U. Court pointed out that Member States remain free to adopt, in their national legislation, provisions providing for periods of working time and rest periods which are more favourable to workers than those laid down in the Directive. The Court also noted that the Directive does not deal with the question of workers’ remuneration, as that aspect falls outside the scope of the E.U.’s competence. Thus, Member States may lay down in their national law that the remuneration of a worker during ‘working timè differs from that of a worker in a ‘rest period’ and even to the point of not granting any remuneration during that period. The Court pointed out that the determining factor for the classification of ‘working timè is the requirement that the worker be physically present at the place determined by the employer and be available to the employer in order to be able to provide the appropriate services immediately in case of need.