Delimiting working time from rest time in the case of workers residing at the workplace

Author:R?zvan Anghel
Position:Faculty of Law, University of Bucharest; Judge, Constanta Court of Appeal, President Civil Division I, Romania, anghel.razvan@drept.unibuc.ro.
Pages:49-60
SUMMARY

The article presents the particular problems encountered in the process of delimiting working time from rest time in the case of workers who, due to the specific nature of their work and its organization, imposed by the employer, reside at the workplace, in which casethe question arises whether and under what conditions, the inactive periods spent by workers in their own residence may be included ... (see full summary)

 
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Delimiting working time from rest time in the case of workers
residing at the workplace
PhD. student Rzvan ANGHEL1
Abstract
The ar ticle presents the pa rticular problems encountered in the p rocess of
delimiting working time from rest time in the case of workers who, due to the specific
nature of their work and its or ganization, imposed by the employer, reside at the
workplace, in which ca sethe question arises whether and under what co nditions, the
inactive period s spent by workers in their own residence may be in cluded in working time.
In or der to identify these issues a nd possible solutions, the jurisprudence of the Cour t of
Justice of the Europea n Union is analyzed in order to establish principles applica ble in this
situation, as well as the nationa l jurisprudence of Romania and tha t of other EU Member
States, which is relevant in view of the common regula tion of working time for all th ose
States by Directive 2003/88.The pr actical implica tions of these issues are important from
the per spective of the employer's obligation to respect the maximum weekly working time.
In the presented conclusions, some criter ia for the delimitatio n of working time from the
rest time in this ca se are pr oposed, namely certa in conditions, the fulfillment of which must
be checked on a case-by-case ba sis.
Keywords: working time, rest time, workplace, residence
JEL Classification: K31
1. Introduction
In the case-law of the Court of Justice of the European Union (CJEU), the
concept of working time defined by Directive 2003/88 has been developed to
include periods of time in which the employees are at work place without actually
performing the work2 or they are in their own residence, notworking, remaining at
1 Rzvan Anghel - Faculty of Law, University of Bucharest; Judge, Constanta Court of Appeal,
President Civil Division I, Romania, anghel.razvan@drept.unibuc.ro.
2 CJEU judgement of 03.10.2000, in case C-303/98, regarding Sindicato de Médicos de Asistencia
Pública (Simap) v. Conselleria de Sanidad y Consumo de la Generalidad Valenciana; see Rzvan
Anghel, Timpul de lucru şi timpul de odihn – Jurisprudena Curii de Justiie a Uniunii Europene,
Ed. Universul Juridic, Bucharest, 2017, p. 75; CJEU, judgement of 9.09.2003, in case C-151/02,
regarding Landeshauptstadt Kiel v. Norbert Jaeger, ECLI:EU:C:2003:437, par. 44-71 of the
reasoning and th e operative part; judgement of 01.12.2005, in case C-14/04, regarding Abdelkader
Dellas, Confédération générale du travail, Fédération nationale des syndicats des services de santé et
des services sociaux CFDT, Fédération nationale de l’action sociale Force ouvrière c. Premier
ministre, Ministre des Affairessociales, du Travail et de la Solidarité, ECLI:EU:C:2005:728
(www.curia.eu); CJCE, 5th chamber, Order of 11.01.2007, in case C 437/05, Jan Vorel v.
Nemocnice Český Krumlov, ECLI:EU:C:2007:23 (www.curia.eu).

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