European Employment Law Cases

Case Reports

2018/33 Availability periods: working hours or rest periods? (PO)

Keywords Working time
Authors Dora Joana
Author's information

334865 Dora Joana
Dora Joana is a managing associate with SRS Advogados, Lisbon.
  • Abstract

      The Oporto Court of Appeal held that the employee’s availability 24 hours per day, 6 days per week, breaches the employee’s right to rest. However, such breach does not qualify the availability periods as overtime. The Court also found that the continuous use of a GPS system breached the employee’s right to privacy.

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