German Court Rules on On-Call Duty Pay: What Employees Need to Know

Hanover, Germany – A recent ruling by the State Labor Court of Lower Saxony (case 2 SA 142/23, dated December 6, 2023) has clarified the conditions under which employees are entitled to remuneration for on-call duty. The verdict, discussed by lawyer Thorsten Frühmark, addresses a case involving an employee of a gas network operator who was required to be on call from home between 4:15 PM and 7:00 AM for disturbance management. The employee sought compensation for the entire on-call period, arguing it constituted working time. However, the court ruled that an employee is only entitled to pay for the time they are actively engaged in work during on-call duty. The period spent at home, where the employee would typically be during those hours regardless, is not considered compensable working time. This decision emphasizes the distinction between active work and passive on-call availability, particularly when the employee's freedom during the on-call period is not significantly restricted by the employer's requirements. The ruling sets a precedent for similar cases in employment law, highlighting that mere availability from a personal location, without active engagement, does not automatically qualify for remuneration as working hours.