The concept of “working time” in the new labor paradigm. Travels, presence times and location and availability standby duties

Abstract

The reference regulation is based on a dichotomous, exclusive and restrictive delimitation of working time and rest time, which focuses on the physical presence of the worker at his or her workplace in accordance with the classic canons of the typical or traditional industrial sector. However, the technological and digital revolution has led to an overflow of these classic coordinates and the consequent need for the courts to reinterpret, in this new paradigm, a whole series of categories that are located in that “grey area” between working time and rest time; all of which is studied and assessed from a critical perspective in the following pages