Perioada de gardă la domiciliu poate constitui timp de lucru. Nuanţări recente în jurisprudenţa Curţii de Justiţie a Uniunii Europene
Stand-by period spent at home may be regarded as working time. Recent nuances in the case law of the Court of Justice of the European Union

Summary/Abstract: Stand-by period spent at home may be regarded as working time. Recent nuances in the case law of the Court of Justice of the European Union. After a long period during which the CJEU has consistently established in its case-law that, unlike the on-call time at the workplace, the on-call (stand-by) time period spent at home should not be included in working time, by its judgment of 21 February 2018 in Matzak case (C- 518/15), the Court made an important nuance, stating that, still, stand-by time of a worker at home may be regarded as ‘working time’ if carried out under such conditions that the employee's obligations at that time impose such restrictions on him that it prevents him from carrying out other activities according to his own interests and limits his possibilities of traveling to a restricted area.

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