When is on call time considered working time?

Whether or not such on-call time is considered working time is important both for determining compliance with both the Working Time Regulations 1996 and the National Minimum Wages Act 1998. A recent European case has considered this question in relation to the Working Time Directive.

What does working time mean under the WTR?

Under the WTR, “working time” is any period during which the worker is working at his/her employer’s disposal and carrying out duties. It includes overtime, working lunches and travel on the job. It also includes time whilst the worker is “on call” at or near the workplace, even if the worker can sleep during periods of inactivity.

How many hours do people work at home?

The average length of time an employee working from home in the UK, Austria, Canada and the US is logged on at their computer has increased by more than two hours a day since the coronavirus crisis, according to data from the business support company NordVPN Teams.

When is stand by time considered working time?

The court held that “stand-by” time which a worker spends at home but which significantly restricts his or her ability to engage in other activities (due to the requirement to respond to calls from the employer within eight minutes), must be regarded as working time.

Do you have to pay employees for on call time?

Restricted activities, frequent calls, and immediate action may prevent an employee from using their time for personal activities. If the employee can use on-call time for personal activities, you likely do not need to pay them while they wait. Again, you must pay the employee for the time they spend responding to a call.

When does time at Work count as work time?

For all time at the place of work, including the employer’s workplace or other designated place. If the employee is required to be on-call while at the employer’s workplace, but not at home (unless other restrictions are imposed). During short rest breaks, if within the employer’s designated length.

What does it mean to be on call at work?

Being on call means an employee is available to work if their employer contacts them. An employee who is on-call isn’t working, but they are available in case they need to. Employees who are on call may need to remain at or near their workplace.

When does a meeting not count as work time?

If the time is outside work time, it’s voluntary, it’s not job-related, and no other work is performed at the same time, these meetings are not considered work time.