ECJ: Rest breaks as working time in the case of rapid readiness for work

Sept 22, 2021 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) handled the interpretation of Art 2 of Directive 2003/88 in connection with whether rest breaks are to be regarded as working time if the worker must be ready for work within two minutes during the breaks.

In the case at hand, a Czech firefighter worked a shift pattern with a day shift in the time slot from 6:45 a.m. to 7 p.m. and a night shift from 6:45 p.m. to 7 a.m. His daily working hours included two meal and rest breaks of 30 minutes each. In the morning of the day shift, he could go to the company canteen 200 meters from the workplace, provided he carried a radio. In case of an emergency, he would be alerted and picked up in front of the canteen within two minutes.

The rest breaks were only counted as working time by the employer if they were interrupted by an assignment. The firefighter was of the opinion that all rest breaks should be classified as working time and demanded corresponding remuneration.

The competent court in Prague suspended the proceedings and referred them to the ECJ for a preliminary ruling:

First, the ECJ held that the worker was subject to a stand-by rule during his rest breaks. It harked back to that the concepts of "rest period" and "working time" are mutually exclusive. As in similar cases on which the ECJ has ruled in the past, it depends on the particular circumstances of the individual case. The relevant criterion for the delimitation of rest time and working time is whether the restrictions imposed on the employee during the rest break are of such a nature that, objectively speaking, they quite significantly restrict his or her ability to organise his or her free time and pursue his or her own interests. Especially when possible interruptions of rest breaks are unpredictable, the resulting uncertainty can put a worker on permanent alert.  

ECJ, C-107/19 (09.09.2021)