The Legal Qualification of Time during On-Call Regime in the Healthcare Sector: Analysis of European and National Case Law, Regulatory Implications, and Application Controversies.

Abstract

INTRODUCTION 

The legal classification of on-call time represents a topic of significant interest for labor law, particularly in the healthcare sector, where on-call duty creates tensions between operational needs and workers' rights. European case law has emphasized the importance of clearly distinguishing between working time and rest periods, rejecting the creation of an intermediate category. This article analyses the regulatory and practical implications of the availability regime in light of key European and national rulings, with a specific focus on its application in the Italian healthcare sector.  

MATERIALS AND METHODS 

The analysis is based on the examination of major rulings by the Court of Justice of the European Union, complemented by references to Directive 2003/88/EC and the National Collective Labor Agreements (CCNL) in the healthcare sector. Key case law, including Simap, Jaeger, and Matzak, has been examined to assess the impact of time and geographical constraints on workers’ freedom. Particular attention has been given to response time and the workers’ degree of subjection to the restrictions imposed by the employer.

RESULTS 

The on-call regime in the healthcare sector raises critical issues regarding the compatibility between the right to rest and professional obligations. European case law has clarified that strict constraints on response time and mobility may qualify such periods as working time. In Italy, despite the collective bargaining attempt to regulate these aspects, disparities in application persist among different healthcare institutions. Additionally, the lack of regulatory uniformity and the need for more effective legislative instruments emerge as key concerns.  

CONCLUSIONS 

The analysis highlights that on-call periods can significantly compromise the right to rest, particularly when workers are subject to strict constraints. European case law has provided criteria for classifying such periods as working time, stressing the importance of response time and the degree of residual freedom for workers. In Italy, improvements have been introduced by the recent collective bargaining agreements, but challenges regarding the harmonization of national regulations and the effective protection of workers persist.