Do stand-by hours constitute actual working time?

The Court of Appeal considers that periods of stand-by duty did not, as a whole, constitute actual working time. In particular, it notes that guests could access the hotel freely thanks to an automatic kiosk operating 24 hours a day, which limited the employee's interventions during the night. She acknowledged, however, that Mr. C. had to intervene regularly due to the dilapidated premises and equipment of the hotel.

The applicant decided to go before the Court of Cassation.

Under what conditions can a stand-by period be reclassified as actual working time?

Service-Public.fr is answering you :

The Court of Cassation, in its decision of May 14, 2025, partially quashed the appeal court’s decision.

She recalls the articles L. 3121-1 and L. 3121-9 the Labor Code and the case law of the European Court of the European Union. According to the Commission, a period of stand-by duty may be described as actual working time where the constraints imposed on the employee are of such a nature as to objectively and significantly affect his ability to devote himself to his personal activities.

It thus complains that the Court of Appeal did not specifically verify the intensity of the constraints to which Mr. C. was subjected during his periodic penalty payments. In particular, he claimed that his telephone number was on the hotel’s reception kiosk, which could lead to frequent calls.

The Court of Cassation refers Mr. C.’s case to another Court of Appeal, which will have to reconsider his application in accordance with the principle laid down by the Court of Cassation.