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What rules govern my night time “on call” staff when they are working Out of Scope?

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What rules govern my night time “on call” staff when they are working Out of Scope?

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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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