Brussels, 04/01/2016 (Agence Europe) - Ruling that Greek legislation breaches EU law since it allows doctors to work for periods of 24 consecutive hours or more, the Court of Justice of the EU stated that active on-call time and hours of on-call availability should be added to the hours worked in a normal working week.
In its ruling delivered on 23 December 2015 (case C-180/14), the Court found in favour of the European Commission which, after a complaint was lodged by ten Greek medical associations, brought an action against Greece (and also Ireland) (see EUROPE 10967) for breach of EU rules on restrictions on working time for doctors in the public health service.
The Court highlighted in particular that the maximum weekly working time of doctors constitutes a rule of EU social law “of particular importance from which every worker must benefit, since it is a minimum requirement necessary to ensure the protection of his safety and health”. This rule is contained in Directive 2003/88/EC on the organisation of working time, which provides for an upper limit of 48 hours for the average weekly working time, including overtime, and a minimum rest period of 11 consecutive hours in the course of each 24-hour period (time in lieu may be provided, however).
Greek law does, indeed, provide for an upper limit for weekly working time but, at the same time, doctors are required to be available on-call a number of times a month. Greek law also authorises the imposition, in the form of on-call duties, of overtime without fixing any limit in this regard. This has implications on both their weekly working time (on average between 60 and 93 hours) and their shifts (up to 32 consecutive hours). Provision is also made for a 24-hour rest period to be granted to doctors after each active period on-call, as required by the directive, but it may be postponed until a week after the period on-call was completed.
In the Court's view, it is clear that such legislation is at odds with the European directive. On the one hand, that it has the effect of making it possible to impose a working week exceeding the 48-hour limit, without any clear provision ensuring that the on-call hours actually spent by doctors at the hospital do not result in that limit being exceeded is in breach of EU law. On the other, the legislation is illegal in that it authorises periods of working time that may last for 24 consecutive hours. Allowing rest periods only at “other times” not directly connected with the extended period of work does not adequately take into account the need to observe the general principles of protection of the safety and health of worker, the Court stated. (Original version in French by Jan Kordys)