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Am I working or not? - on call question
Hi Folks,
Working time regulations say ...
1.2 Working hours include any time when the worker is at the employer’s disposal and is expected to carry out activities for the employer.
Work-related training is counted as part of the working week.
Travel time to and from work is not counted as working hours (but travel as part of the employee’s duties is).
Lunch breaks are not working hours (but a working lunch is).
Being on standby to be called out, if the employee is at the place of work, is counted as working hours. If the employee is on call and free to pursue leisure activities, it is not. For transport workers ‘periods of availability’ known in advance do not count as working time.
I work as an IT engineer an I am currently on call 1 week in 2 whilst on call I can be called anytime outside of normal working hours ( normal hours are mon - fri 8:30 - 4:30) As a senior engineer I am also a permanent escalation which means issues could get escalated to me anytime outside of normal hours any day of the year, however I am not contractually obliged to respond to escalations. My company has a zero alchohol policy and I am expected to respond to calls within 15 minutes. Which means taking a phone call and remotely logging into work and working on whatever issue I've been called about. Or if it can't be resolved remotely travelling to site. Given the fact that whilst on call I can't drink and can be no further than 15 minutes away from a computer and the Internet. Would you consider that whilst I am on call I am "free to pursue leasure activities?"
thanks in advance for your input.
Working time regulations say ...
1.2 Working hours include any time when the worker is at the employer’s disposal and is expected to carry out activities for the employer.
Work-related training is counted as part of the working week.
Travel time to and from work is not counted as working hours (but travel as part of the employee’s duties is).
Lunch breaks are not working hours (but a working lunch is).
Being on standby to be called out, if the employee is at the place of work, is counted as working hours. If the employee is on call and free to pursue leisure activities, it is not. For transport workers ‘periods of availability’ known in advance do not count as working time.
I work as an IT engineer an I am currently on call 1 week in 2 whilst on call I can be called anytime outside of normal working hours ( normal hours are mon - fri 8:30 - 4:30) As a senior engineer I am also a permanent escalation which means issues could get escalated to me anytime outside of normal hours any day of the year, however I am not contractually obliged to respond to escalations. My company has a zero alchohol policy and I am expected to respond to calls within 15 minutes. Which means taking a phone call and remotely logging into work and working on whatever issue I've been called about. Or if it can't be resolved remotely travelling to site. Given the fact that whilst on call I can't drink and can be no further than 15 minutes away from a computer and the Internet. Would you consider that whilst I am on call I am "free to pursue leasure activities?"
thanks in advance for your input.
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