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On-Call Service: Employment Law & Time Recording

How is on-call service regulated in employment law? All important information here!

Tanja Hartmann
Content Marketing Managerin
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Modern society depends on them: people who also work at night, on weekends or on public holidays. Whether technicians, nurses or firefighters — they all ensure that our everyday lives run smoothly. But what happens when these professional groups have to be ready for work outside of their regular working hours? Here comes the on-call service into the game.

In this blog article, you will learn what employers need to know about the legal framework, the differentiation from other forms of preparedness and correct time recording when on call.

What is on-call service? Definition and delimitation

On-call service (also known as call service) obliges employees to be available to their employer outside their regular working hours. In contrast to on-call duty, employees are free to choose their whereabouts while on call — as long as they are quickly ready for action in an emergency.

Key features of on-call service:

  • Free organization of time: Employees may use their time privately as long as they can work when needed.
  • limitations: Alcohol or drug use is taboo, as full operational capacity must be ensured.
  • Working time vs. rest time: Only the work actually done counts as working time. “Getting ready” is considered a period of rest.

On-call service vs. on-call duty vs. readiness to work

The distinction between on-call service, on-call service and willingness to work is decisive, as it has different legal and remuneration consequences.

Feature On-call duty Standby duty Work readiness
Location Freely chosen Workplace Workplace
Time allocation Outside of working hours Outside of working hours During working hours
Compensation Only for work performed Full working hours Full working hours
Example: A service technician for wind turbines is on call. He can stay at home during this time. However, as soon as an emergency is reported, it must be ready for use within 30 minutes. In contrast, a hospital doctor is on call directly on site and acts as needed.

When does on-call service count as working time?

According to the Working Hours Act (ArbZG), on-call service is generally regarded as rest time. Working time only begins when an actual work has been performed. However, there are exceptions: If the employer's requirements significantly restrict the room for manoeuvre while on call, this may result in the entire period being considered working time.

Court decision:

In a ruling by the European Court of Justice (ECJ), it was ruled that the on-call service of a firefighter, who had to be at the scene in full equipment within 20 minutes, should be classified as working time. The reason was the severe restriction of his leisure activities.

Can employees refuse to be on call?

Basically no. If on-call service is specified in an employment contract, collective agreement or a works agreement, employees are obliged to provide this service. A refusal can result in warnings or even terminations.

Exceptions:

  • medical certificate: A certificate can night work prohibit, but not on-call service in general.
  • works council: In companies with works council Is the introduction of on-call service subject to approval.

When does the actual working time start while on call?

From the point of view of employment law, working time only starts when a specific job is started. All hours worked are in addition to the regular recording working time and should be fully documented.

Are you allowed to move freely while on call?

In principle, employees can stay anywhere while on call. However, they must ensure that they are ready for use in a timely manner when necessary. It is also prohibited to consume alcohol or other intoxicating substances during this time.

How quickly does an employee have to react?

A ruling by the Federal Labour Court in 2002 states that a mandatory, very short response time is not permitted. A time limit that would in fact amount to on-call service — such as a maximum 20-minute journey time — must not be required. However, employees should still respond to the call within a reasonable period of time. A period of around 30 minutes is considered acceptable.

What regulations apply for rest periods when on call?

The legal rest period of eleven hours between two work assignments must always be observed — even when on call. If work is required during standby, the rest period starts again after the assignment has ended.

Whether this also applies to very short assignments is disputed. If the work assignment only lasts a few minutes, this could possibly not be considered a relevant interruption. However, as soon as workers make their way to work, the rest period is interrupted and must then start completely over again.

There are special regulations in certain areas, such as healthcare. In hospitals, a shortened rest period may be permitted under certain conditions — but only if no more than half of the regular rest period has been used for work assignments.

Compensation for on-call service: Comparing two models

Remuneration for on-call service is usually based on one of two models:

  1. Work actually done: Only working time is paid, often with supplements for working at night, on Sundays or on public holidays.
  2. Flat-rate compensation: A daily lump sum is paid, regardless of actual working hours.

Example TVöD (collective agreement for the public service):

  • On-call service of more than 12 hours: Daily flat rate per pay group.
  • On-call service under 12 hours: 12.5% of the agreed hourly rate.
💡 Tip 💡

In employment contracts and works agreements, companies should set out clear regulations on the remuneration of on-call service in order to avoid conflicts.

Digital time recording for legally compliant documentation

A correct time recording is essential to verifiably and legally document working hours worked while on call. Manual time sheets on paper get in the way here, as they often only take a few minutes per assignment. However, several hours can add up over the entire time of on-call service. This working time must be recorded completely to ensure correct billing.

Here can a app provide the necessary support for time recording. With the ZEP Clock app, you or your team can stamp on and off with the tap of a finger. Your time recording solution is therefore always in your pocket.

Benefits of recording working time with ZEP while on call:

Automatic recording of working hours — All deployments while on call are recorded in detail.

Location-independent time recording — Employees can use their working hours Capture flexibly via an app.

Transparent documentation — All working hours are stored in a comprehensible and audit-proof manner.

Legally compliant billing — ZEP helps companies, legal and court requirements to comply with working time recording.

Example: An electrician on call uses ZEP to precisely record his assignments. If he is called at night, he can enter the start and end time of his mission via the app. In this way, his working hours remain transparent and correctly documented.

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conclusion

On-call service is an important tool for being ready for use outside regular working hours. But it also raises questions: What counts as working time? How is it paid? And how can employers and employees find fair solutions together?

With clear rules in the employment contract, transparent time recording and open communication, both sides can benefit from on-call service. A digital Time recording solution How ZEP helps to precisely record and document all relevant working hours and to ensure compliance with legal requirements.

FAQs

What is the difference between on-call service and on-call service?

On-call service means that employees can stay at a freely selectable location, but must be ready for action quickly when needed. On-call service requires employees to be on site, such as in a hospital, and be able to work at any time.

Does on-call service always have to be paid?

On-call service must be remunerated if, due to strict restrictions, it effectively becomes working time, for example due to short response times or local dependency. In other cases, compensation is only paid for assignments actually performed.

How can digital time recording help when on call?

With a digital time recording solution such as ZEP, all working hours while on call are precisely logged. This ensures compliance with legal requirements and billing is transparent and legally compliant.

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