On-Call Work

On-call work is a type of part-time work governed by Article 14 of the Labour Law. It is an employment relationship in which, under a written contract, the employee performs the work they have undertaken when needed. Restaurants, event companies and work with seasonal fluctuations often use this model.

Protective Rules

• Written contract: On-call work must be established by written contract.
• Minimum hours presumption: If weekly, monthly or annual working time is not set, weekly working time is deemed to be twenty hours.
• Pay guarantee: The employee is entitled to wages for the set time even if not called.
• Notice of calls: The employee must be called at least four days before the work.
• Minimum work: If daily working time is not agreed, the employer must employ the employee for at least four consecutive hours on each call.

Responding to Calls

The employee must respond to a proper call; failing to do so without just cause breaches the duty to work. There is no obligation to respond to a call made without the required notice, for example one day before.

Rights

On-call employees are part-time employees; severance, annual leave and social security rights arise pro rata to working time. Non-discrimination and comparable employee rules also apply.

In Practice

Relationships run as “call them when needed” without following on-call rules may, in a dispute, lead the employee to claim wages based on twenty hours a week. Recording calls and actual working time matters for both proof and compliance with working time rules.