Should "Stand-by Time" be Considered “Working Time” for the Purposes of the Working Time Regulations?
Posted in : Commercial Law for Employers on 11 April 2022 Issues covered: Working Time; Stand-by Time; Health and SafetyKey Issues: Protection of the Health & Safety of Workers – Working Time - Preliminary Ruling
Case: MG V Dublin City Council
Reference: Case C-214/20, CJEU (Fifth Chamber), 11 November 2021
Legislation: Directive 2003/88/EC
Background
MG is a retained firefighter employed by Dublin City Council on a part-time basis. He is, by virtue of a system of stand-by time, retained by the brigade of the fire station by which he was trained.
MG is required to participate in 75% of that brigade’s interventions, with the option of abstaining from the remaining interventions. Without being obliged, during his periods of stand-by time, to be present at a specific place, he must, when he receives an
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