Study exploring the social, economic and legal context and trends of telework and the right to disconnect, in the context of digitalisation and the future of work, during and beyond the COVID-19 pandemic : annex 2 : analysis of case law

The Working Time Directive (WTD) provides a definition of working time as "any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice" (WTD, Article 2). Rest time is any period which is not working time. The CJEU has confirmed this binary approach in its decisions, according to which working time and rest time are mutually exclusive 1. Thus, a worker's standby periods must be classified either as 'working time' or as a 'rest period' for the purpose of applying Directive 2003/88, as the latter does not provide for any intermediate category. Case law from the EU Court of Justice on standby time provides important criteria to clarify this aspect.