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Why it counts in full
In the judgments SIMAP (03/10/2000, C-303/98) and Jaeger (09/09/2003, C-151/02) the European Court of Justice held that stand-by duty in the form of personal presence at the institution counts as working time in full. What matters is not how much work is actually done but that the person has to be available at the prescribed place.
That also applies to the periods in which sleeping is allowed. Twelve hours of stand-by duty with two call-outs is twelve hours of working time, not two.
Consequences for maximum working time and pay
In working time law, stand-by duty counts towards the eight or ten hours in section 3 ArbZG. An extension beyond ten hours is possible only where readiness for work or stand-by duty regularly falls within working time to a substantial extent and a collective agreement, or a works agreement based on one, provides for it (section 7(1) no. 1 and (2a) ArbZG).
In pay law, lower pay is possible. The limit is drawn by the minimum wage: it is owed for every hour, including the inactive ones, and cannot be circumvented by a flat rate for the whole duty.
Example: twelve hours of stand-by duty
- Duty from 19:00 to 07:00 at the institution, two call-outs totalling 90 minutes.
- Working time within the meaning of the ArbZG: 12 hours, not 1.5.
- At a minimum wage of 13.90 euros, at least 166.80 euros is owed.
- The eleven-hour rest period only begins at 07:00.
Common mistake
Stand-by duty gets recorded with the actual call-outs only. That leaves ten hours missing from the records that count towards maximum working time, and the minimum wage is undercut on paper.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026