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EU: a stand-by period is only considered working time in its entirety if during it the employer significantly constrains the worker’s ability to manage his/her free time
Planet Labor, 10 March 2021, n°12406 -

On 09 March the CJEU handed down two rulings affirming that a period of stand-by duty can constitute working time in its entirety only when the constraints imposed on the worker very significantly affect his or her ability to manage his or her free time during that period. These constraints however must result from the employer’s instructions and the Luxembourg judges have provided some new indications to help national judges assess the level of ‘intensity’ of such constraints.

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