Perioada în care salariatul se află la dispoziţia angajatorului. Aspecte controversate

Conf. univ. dr. Monica GHEORGHE

Facultatea de Drept

Universitatea "Lucian Blaga" din Sibiu

ABSTRACT

The herein study presents the meaning of the term "working time". The interpretation of the concept of "working time" was given by the CJEU, which has constantly settled that the notions of working time and rest period belong to the European Union’s law and are subject to interpretation. Given the fact that in certain situations the border between working time and rest time is difficult to set, the CJEU has settled also on the situation of the worker who remains at the emplyer’s disposal, at his place of residence or at a fixed place organised by the employer.

In the light of the compulsory character of the CJEU’s interpretations given in the preliminary decisions, the solutions passed must be taken into consideration for the proper interpretation and enforcement of the national norms.

Keywords: working time,...