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“High standards of professional work.” (IFLR1000, 2017)

13.11.2019

Does the employer have to pay for time spent on-call or stand-by?

The November 2019 issue of magazine iTiesības published an article by PRIMUS DERLING Partner Sintija Radionova and Attorney at Law Dace Driče on the ways in which an employee may be at the employer’s disposal can take various forms – active on-call time and stand-by time.

Active on-call time

Working time is the period from the beginning until the end of work during which an employee performs work or is at the disposal of the employer, except for breaks at work.

The decisive factor for the classification of working time is the duty of the person directly employed to be at a place determined by the employer in order to be able to carry out his/ her professional duties without delay. As the employee is not free to choose his/ her location in such a case, any such period is considered working time.

All active on-call time should be regarded as working time and, accordingly, all time has to be remunerated, irrespective of whether or not the employee has actually performed his/her duties

Stand-by time

If the employee must be reachable at all times but is not required to remain at a place determined by the employer and may manage his/ her time with fewer constraints and pursue his/ her own interests, such a period is called stand-by time.

If the employee is on stand-by, the employer should record the length of time the employee has performed his/ her duties during that period and assess whether the time taken to travel to the workplace is counted as working time. If traveling time is included in working hours, this time must be accounted for and paid accordingly.

Read the full text in latvian of the article in the November issue of iTiesības or here.