Consideraţii privind înţelesul noţiunii de „timp de muncă” prin prisma jurisprudenţei Curţii de Justiţie a Uniunii Europene
Reflections on the Meaning of the Notion “working time” from the Jurisprudence Perspective of the EU Court of Justice

Summary/Abstract: The concepts of “working time” and “rest periods” are defined within the European Directive regarding certain aspects of the working time, which aims at establishing the minimal standards for safety and health at work with regard to the organization of working time and rest periods. The interpretation of the concept of “working time” was given by the CJEU, which has constantly settled that the notions of working time and rest period belong to the European Union’s law and are subject to interpretation. Given the fact that in certain situations the border between working time and rest time is difficult to set, the CJEU was asked to rule on the working time of emergency doctors, of “on call” employees, of mobile employees, but also on the employees that are responsible for a particular purpose. Constantly, the CJEU has settled that working time must gather three elements: the physical presence of the worker at the workplace, his availability and the performance of his activity. The transposition into the national law of the European model on the organization of the working time and rest periods is in accordance with the European norms. In the light of the compulsory character of the CJEU’s interpretations given in the preliminary decisions, the solutions passed must be taken into consideration for the proper interpretation and enforcement of the national norms.

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