What is working time?

Working time is defined in the WTR (regulation 2(1)) as:

• any period when a worker is working at the employer’s disposal and carrying out their activities or duties;

• any period during which a worker is receiving relevant training; and

• any additional period to be treated as working time under a relevant agreement (which can include a contract of employment).

The ECJ has said that under the WTD, time spent by a worker is either working time or a rest period. There is no “middle ground” (Federacion de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security s.l. [2015] EUEJC C-266/14).