European UnionI'm on call at home. Does this count as working time under EU law?
Yes, on-call time at home counts as working time under EU law if the worker must be available and able to respond immediately or within a very short time, and their freedom to pursue personal activities is significantly restricted.
What the Law Says
The EU Working Time Directive sets the legal framework for defining 'working time', including on-call arrangements. Its definition is broad and purpose-driven — focused on whether the worker is at the employer’s disposal and unable to freely manage personal time.
Under the EU Working Time Directive (2003/88/EC), 'working time' means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties. This includes on-call time where the worker must remain available and ready to work — even from home.
The Directive requires Member States to ensure workers have at least 11 consecutive hours of daily rest, 24 hours of uninterrupted weekly rest (plus 12 additional hours), and a limit of 48 hours average working time per week (including overtime). Breaks of at least 20 minutes are required after six hours of work.
Crucially, the Directive does not distinguish between physical presence at the workplace and availability from home — what matters is the degree of constraint on the worker’s freedom.
Statutory Text‘working time’ means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties
— Directive 2003/88/EC, Art. 2(1) — Definition of working time
Statutory TextMember States shall take the measures necessary to ensure that… the average working time for each seven-day period, including overtime, does not exceed 48 hours
— Directive 2003/88/EC, Art. 6(2) — Maximum weekly working time
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly clarified when on-call time qualifies as working time — focusing on the worker’s ability to manage personal life and the immediacy of response required.
On-call time for doctors in health centres counted as working time because they had to remain on-site and were unable to pursue personal interests freely.
On-call time at home counted as working time where the worker had to respond within 20 minutes and could not leave the municipality — significant restrictions on personal freedom applied.
Firefighters required to stay at home and respond within eight minutes were performing working time — the constraints on movement and leisure were decisive, even without active duties.
What to Do
Assess whether your on-call duties require immediate or very short-response availability (e.g., ≤20 minutes) and restrict your freedom to pursue personal activities.
Record all on-call periods — especially those involving actual work or significant constraints — as working time in your timesheets.
Ensure your average weekly working time (including on-call) does not exceed 48 hours unless you’ve signed a valid opt-out.
Claim rest periods: you’re entitled to 11 hours daily rest and 24+12 hours weekly rest — on-call time that interrupts this may breach the Directive.
If your employer refuses to count qualifying on-call time as working time, raise it with national labour authorities or seek advice from a trade union or legal advisor.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.