What rules govern my night time “on call” staff when they are working Out of Scope?
Recovery staff working inside the 100 Km radial are not covered by the Road Transport Directive [RTD]. They are, however subject to the Working Time Directive 1998 [Amended 1999]. If the mobile staff are “away from the workplace when on call and accordingly free to pursue leisure activities, then that on call time is NOT working time”. [3 October 2000 – European Court of Justice – Sindicato de Medicos de Asistencia Publics [SIMAP] – v – Conselleria de Sanidad y Consiemo the ruling subsequently confirmed in subsequent cases].
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