Recently, several questions have arisen regarding on-call duty, and at times it has been carried out under unfavorable conditions. The purpose of this text is to clarify what on-call duty means and what employees should consider when agreeing to it. The focus is on the IT service sector.
What is on-call duty?
On-call duty refers to a situation where an employee is reachable during their free time and ready to act in a pre-agreed manner upon being contacted. In practice, this often means keeping a phone nearby and answering it. The employee can decide where to be physically located, as long as they are reachable and can be called to work if needed.
The need for on-call duty arises, for example, when a system with 24/7 support services has been sold to a customer. In case of a problem, the customer can call a designated number, where a specialist answers and attempts to resolve the issue.
On-call duty may also be required for internal support within a company. For instance, an employee working at an unusual time may need technical assistance from colleagues who work regular hours. Since not all of them can be constantly available, some have agreed to be on-call. The employee can then call the on-call person for help.
Is on-call duty considered working time?
On-call duty is not considered working time unless the employee actually performs work. It becomes working time when the on-call employee is called in to work. If the on-call duty follows a full working day, the work performed during on-call hours is generally considered overtime or additional work.
How does on-call duty differ from standby duty?
Standby duty and on-call duty are often confused in everyday language, but they are different. On-call duty is regulated by law and some collective agreements, whereas standby duty is based solely on employment or public service agreements.
During standby duty, the employee is continuously on working time, entitled to overtime compensation and other allowances. Standby duty is more binding and often takes place at the employer’s premises. Actual standby duty is mainly practiced in the public sector.
If on-call duty involves a requirement to respond with very short notice or to be tied to a specific location, it may in fact be considered working time. In such cases, it is advisable to contact the shop steward or the union.
How does on-call duty differ from phone call compensation?
Employees are not required to answer work-related calls during their free time. However, if they voluntarily answer and the issue is resolved quickly over the phone, they may be paid phone call compensation according to the collective agreement.
Phone call compensation should not be used to replace on-call duty. If calls occur repeatedly, it is advisable to agree on on-call arrangements.
It is also important to agree in advance with the employer on the rules regarding phone call compensation.
On-call duty should be agreed locally, carefully, and in writing
On-call duty must always be agreed upon in advance and in writing. Vague or poorly compensated arrangements easily lead to problems that are difficult to resolve afterward.
Agreements are made in accordance with the Working Hours Act and the collective agreement. Needs vary depending on customer contracts, so there may be several on-call agreements within the same company.
Who makes the on-call agreement?
The on-call agreement is usually negotiated by the shop steward, and each on-call employee joins the agreement individually. When negotiating the agreement, the shop steward should discuss with both the employer and the employees to ensure the agreement meets practical needs.
What should be agreed upon in on-call duty?
Matters to be agreed upon may include:
- Length and frequency of on-call shifts
- Time coverage (24/7 or limited hours)
- Response time – how quickly calls must be answered
- Whether the situation requiring response can be handled remotely or if the employee must go to the workplace or customer premises
- Number of on-call employees
- Impact of on-call duty on the employee’s other work tasks
- On-call compensation
- Reimbursement of travel expenses
- Termination conditions of the agreement
How should on-call duty be compensated?
According to the collective agreement for the IT service sector, unless otherwise agreed, on-call compensation is 40% of the employee’s hourly salary. Often, 50% compensation is agreed upon, but other arrangements can be made locally.
Compensation is typically influenced by response time, frequency of on-call duty, level of commitment, and whether it occurs during nighttime. The compensation can also be agreed to be the same for everyone – based on the principle that free time is equally valuable to all.
As a rule of thumb, on-call compensation is sufficient if it attracts a sufficient number of employees to voluntarily commit to the on-call terms.
On-call duty and weekly rest
If on-call duty is performed during weekends, the weekly rest required by the Working Hours Act may not be fulfilled if the on-call duty is interrupted and work is performed. In such cases, the missed weekly rest must be granted to the employee later. If agreed, hours worked during the weekly rest period can also be compensated financially.
Do not agree to on-call duty without a clear agreement
If the terms are unclear or unreasonable, changes should be negotiated. If necessary, a poor agreement can also be terminated. In such situations, employees should discuss among themselves and, if needed, contact the shop steward or the union.
Well-negotiated terms benefit everyone
A clear on-call agreement prevents problems, increases employee motivation, and improves customer experience. The employee receives support from their shop steward and union experts. Being unionized also provides security in on-call situations.
