Editing Openai/69276e73-d6d8-800b-9a8a-a665fea5b343


{{DISPLAYTITLE:On-call contract requirements EU}}

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== gpt-5-1 ==
=== User: Rules for being on call in EU. ===
Rules for being on call in EU. Does it need to be stated in contract for being on call on public holidays?

=== Assistant: Across the EU, “on-call time” including public holidays is regulated mainly by the EU Working Time Directive 2003/88/EC… ===
Across the EU, “on-call time” (including public holidays) is regulated mainly by the EU Working Time Directive (2003/88/EC), but whether it must be written in the employment contract is determined by national labour laws in each member state.
Below is the general EU-level rule plus how it is usually handled in practice.

==== 🇪🇺 1. EU-level rules (Working Time Directive) ====

The Directive covers:
* Maximum weekly working time
* Daily/weekly rest
* Breaks
* Night work
* Paid annual leave

On-call time is addressed by EU case law:
* If the worker must remain at a place determined by the employer (e.g., workplace or a fixed location), it counts as working time, even if no work is performed.
* If the worker can choose where to be and only must be reachable, it may count as rest time, unless the worker’s freedom is substantially restricted.

👉 But the Directive does NOT specify contract-writing requirements (e.g., whether on-call duties must be in the contract).

==== 🇪🇺 2. Do on-call duties—especially on public holidays—need to be written in the contract? ====

Usually yes, but it depends on the country.

Most EU member states require that:
* Working-time arrangements, including on-call obligations,
* Compensation rules, and
* Any deviations from normal working hours

must be clearly communicated, and often included in the employment contract or collective agreement.

===== Common national requirements: =====

| Country          | Must on-call duties be in the contract?                                                           | Notes                                                                              |
| ---------------- | ------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------- |
| Germany          | Yes, on-call duties (“Bereitschaftsdienst” / “Rufbereitschaft”) must be contractually agreed.     | Public holiday on-call often requires premium pay; cannot be imposed unilaterally. |
| France           | Yes, “astreinte” arrangements must be defined in the contract or collective agreement.            | Specific compensation rules.                                                       |
| Netherlands      | Generally yes; must be agreed in writing or via collective agreement.                             | Public holiday work often requires extra pay.                                      |
| Spain            | Should be set out in the contract or CBA.                                                         | On-call work on holidays requires agreed compensation.                             |
| Nordic Countries | Typically yes; on-call obligations must be stipulated contractually or via collective bargaining. |                                                                                    |

Across Europe, employers normally ''cannot'' require you to be on call on public holidays unless the obligation is already included in:
* your employment contract,
* a collective bargaining agreement, or
* a written policy you have agreed to.

==== 🇪🇺 3. Can an employer add holiday on-call duties later? ====

Usually only if:
* You agree to change your contract OR
* It is already allowed by a collective agreement that covers your role

Otherwise, unilaterally adding on-call holiday duties may violate national labour law.

==== 🇪🇺 4. What if your contract does not mention public holiday on-call duty? ====

In most EU countries:
* The employer cannot force you to do it.
* They would need your written consent to introduce it.
* You are typically entitled to extra pay or time off in lieu for public-holiday work.

==== If you tell me your specific country, I can give precise, country-specific rules. ====

== References ==
<references />


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