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Working hours

"You just have to be reachable — that doesn't count."

On-call duty, standby duty or constant availability is not counted as working time.

§ 2 ArbZG / EuGH C-518/15

It depends …
It depends: standby duty = working time, on-call only partly.
Standby duty (present at the workplace, ready to work immediately): counts fully as working time (ECJ C-303/98, Federal Labour Court). On-call duty (at home, with a response time): generally does NOT count as working time — but only if you can largely organise your free time freely. If you must be there within 5 minutes, on-call can also become working time (ECJ C-518/15 Matzak). For minors, standby counts fully towards the 8-hour daily limit, and the ban on night work applies to it as well.

What the law says

§ 2 (1) ArbZG – Definitions
Working time within the meaning of this Act is the time from the start to the end of work, excluding rest breaks.
ECJ C-518/15 (Matzak)
Standby time during which a worker must be physically present at a place determined by the employer and can pursue their own interests only to a very limited extent is to be regarded as working time.

What you can do

  1. Standby duty at the company → working time, must be paid (at least the minimum wage).
  2. On-call duty with a short response time (< 30 min.) → usually working time under ECJ case law.
  3. Actual call-outs during on-call duty are ALWAYS subject to remuneration.
  4. As a trainee under 18: standby duty is generally impermissible (§ 22 JArbSchG by analogy).
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