What is on-call duty?
On-call duty means that employees must be available outside of regular working hours and take up work if necessary. They are not at their workplace, but can be at a freely chosen location, but must be ready for action at all times.
On-call duty is to be distinguished from:
- Readiness for work: Employees are at work and must be able to take action at any time.
- On-call service: Employees are at a location specified by the employer (e.g. hospital).
What legal regulations apply to on-call duty?
On-call duty generally counts not during working hours, as long as no actual work is performed. As soon as employees are actively involved - such as providing advice over the phone or driving to an assignment - this time is considered working time and must be remunerated.
In many Collective agreements and works agreements is regulated:
- Flat-rate or hourly remuneration for periods of on-call duty
- Separate remuneration or time compensation for actual assignments during on-call duty
How is on-call duty remunerated in practice?
Example:
An electrician is on call from Friday 18:00 to Monday 7:00. He receives a lump sum of 100 euros. On Saturday evening, he is called out for an assignment that lasts 2 hours.
- Remuneration: 100 Euro lump sum + 2 hours working time (paid or as time compensation)
What should employees and employers bear in mind?
- The location of the on-call duty must freely selectable otherwise it is considered on-call duty.
- Maximum working time and rest period regulations also apply to assignments from the on-call duty.
- On-call duty is included in the Enter roster and to be agreed with the works council (if available).
- We recommend the use of a digital system, to make the planning, documentation and billing of on-call duty efficient and transparent.
Practical advantage: Digital solutions ensure that assignments are documented in a traceable manner, remuneration is calculated correctly and administrative work is reduced - for employees and companies alike.
Why is a clear regulation of on-call duty important?
On-call duty allows flexibility for companies, but must not lead to unpaid overtime. Clear regulations on remuneration and delimitation of actual working hours protect employees and ensure transparency, compliance and a fair working environment.
