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

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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.