October 28
2021
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19th July 2021
Employment & Immigration

Op-Ed: “Working-time of military personnel under scrutiny, Court of Justice’s ruling in Ministrstvo za obrambo” by Tobias Nowak

The politics of on-call duty

The Working Time Directive (2003/88) continues to keep the Court of Justice, the European Commission, the Council of the EU, the European Parliament and national courts busy. B. K. v Republika Slovenija (Ministrstvo za obrambo) (C‑742/19) is at least the fourth preliminary ruling of the Grand Chamber of the Court of Justice on the Working Time Directive and on-call duty in only a year. The Working Time Directive defines working time as ‘any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national law and/or practice’.  Over the years, the Court has been asked numerous times by national courts to interpret the Working Time

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