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Case report

2010-01-01

Czech Republic

2010/85: The fact that an activity is continuous (24/24) does not necessarily mean that a worker who oversees the activity on his own cannot take (unpaid) rest breaks (CZ)

A worker who does not take rest breaks because he mistakenly believes his job does not permit his work to be interrupted cannot claim compensation for the time during which he could have rested.

Constitutional Court of the Czech Republic

Summary

2010-01-01

2010/85: The fact that an activity is continuous (24/24) does not necessarily mean that a worker who oversees the activity on his own cannot take (unpaid) rest breaks (CZ)

A worker who does not take rest breaks because he mistakenly believes his job does not permit his work to be interrupted cannot claim compensation for the time during which he could have rested.

Constitutional Court of the Czech Republic

Case report

2009-12-18

United Kingdom

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Summary

2009-12-18

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Case report

2009-10-27

Belgium

2010/87: Standby periods do not qualify as (paid) “work” (BE)

During stand-by periods, when an employee is simply asked to be available by phone in order to answer urgent calls, only the effectively performed hours of work are to be considered working time.

Arbeidshof Brussel (Labour Court of Brussels), 2009-10-27

Summary

2009-10-27

2010/87: Standby periods do not qualify as (paid) “work” (BE)

During stand-by periods, when an employee is simply asked to be available by phone in order to answer urgent calls, only the effectively performed hours of work are to be considered working time.

Arbeidshof Brussel (Labour Court of Brussels), 2009-10-27