Under the threat of several actions for failure to fulfil EU obligations that the European Commission could soon introduce, the Polish Ministry of Labour and Social Policy decided to adapt to European Law the Labour Code's dispositions concerning on call time, the reference period, discriminations, and health and security at work. The project was forwarded to social partners for consultation. (Ref. 070668)
On call time. According to the jurisprudence of the Court of Justice of the European Communities (CJEC), held since the Faeger decree (case C-151/02), the on call time performed by a doctor present in the hospital has to be counted as a whole as working time, even if the doctor is allowed to rest on his/her workplace. After the national doctors’ trade union (OZZL) lodged a complaint with the European Commission and the latter announced that it would sue States which do not respect the CJEC’s ju
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