La "pronta" reperibilità tra "orario di lavoro" e "periodo di riposo" : una questione che rimane aperta

The EU directives on working time and the interpretation given by the CJEU clarify – but do not solve – the problems regarding the legal qualification of “immediate” availability which can be classified as “almost rest time”, “almost working time” or as a sui generis form of “working time. In Italian and European case law, the criterion for distinguishing “availability” as working time or not (for legal and economic effects) envisages an “objective” assessment of the concrete limitations assumed by employees during stand-by times. Moreover, labour law and intra-company procedures – despite the application of this principle – maintain margins of uncertainty and conflict.