European Employment Law Cases


2022/27 Should the stand-by duty of military personnel be remunerated as an allowance, as regular salary or should it count as overtime work? (SI)

Keywords Working Time, Juridisch, Arbeidsrecht, Europees recht (EU Recht)
Authors Petra Smolnikar en Tjaša Marinček
Author's information

Petra Smolnikar
Petra Smolnikar is founder and manager of PETRA SMOLNIKAR LAW, Ljubljana.

Tjaša Marinček
Tjaša Marinček is a student assistant at PETRA SMOLNIKAR LAW, Ljubljana.
  • Abstract

      The Supreme Court of the Republic of Slovenia has issued a judgment concerning the remuneration for the performance of stand-by duty by a person in the military and the issue of whether it falls within Directive 2003/88/EC concerning certain aspects of the organisation of working time. It was held that the time spent on stand-by duty, during which the plaintiff did not actually work but was required to be on stand-by at a particular place and was then at the employer’s disposal, without being able to go home or elsewhere, was to be regarded as working time. The Court found that, notwithstanding national legislation to the contrary, the plaintiff was entitled to the remuneration provided for in their contract of employment for full-time work, that is to 100% of the basic salary.

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