WIREDGOV

The obligation to remain physically present at the place determined by the employer and the requirement to reach the place of work within a short period very significantly restrict a worker’s opportunities for other activities.

The fire service of the town of Nivelles (Belgium) groups together professional and volunteer firefighters. Volunteer firefighters are involved in the operations and also provide stand-by and on duty services. Mr Rudy Matzak acquired the status of volunteer firefighter in 1981. He is also employed in a private company. In 2009, Mr Matzak brought judicial proceedings against the Ville de Nivelles (Town of Nivelles) in order to obtain, inter alia, compensation for his stand-by services, which according to Mr Matzak must be categorised as working time.

Hearing the case on appeal, the cour du travail de Bruxelles (Belgium) (Brussels Higher Labour Court) decided to refer the matter to the Court of Justice. It asks, in particular, if stand-by services at home may be considered as falling within the definition of working time within the meaning of EU law. 

In yesterday’s judgment, the Court first of all states that Member States may not derogate, with regard to certain categories of firefighters recruited by the public fire services, from all the obligations arising from the provisions of the directive, including the concepts of ‘working time’ and ‘rest periods’.

The directive also does not permit Member States to maintain or adopt a definition of the concept of ‘working time’ different from that laid down in the directive. Even though the directive provides for the power of Member States to apply or introduce provisions more favourable to the protection of the safety and health of workers, that power does not apply to the definition of the concept of ‘working time’. That finding is borne out by the purpose of the directive, which seeks to ensure that the definitions provided for therein may not be interpreted differently according to the law of the Member States. 

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