Standby periods as working time in the view of European Directives 2003/88/EC and (EU) 2019/1152

Abstract

The objective of this study is to analyze the concept of working time in the case of standby workers. First, it highlights the regulation of working time in the European directive 2003/88/EC. Then, it focuses on working time patterns in standby periods and the variables that shape the diversity of these periods in the light of the case law of the European Court. Finally, it emphasizes to the standby periods as a form of flexible employment that falls under the employers’ information obligation according to directive (EU) 2019/1152. This research reaches the conclusion that the two above-mentioned European directives move towards protected flexibility, each from a different perspective, though there is still progress to be made in protecting the various constantly emerging working patterns.