When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))

Article summary

Employment analysis: A security activity performed by a member of military personnel is excluded from the scope of the Working Time Directive (WTD) if: (a) it is during initial or operational training or an actual military operation (including during peacetime), (b) it is an activity which is so particular that it is not suitable for a staff rotation system which would ensure compliance with the requirements of that directive, (c) it is carried out in the context of exceptional events, the gravity and scale of which require the adoption of measures indispensable for the protection of the life, health and safety of the community at large, measures whose proper implementation would be jeopardised if all the rules laid down in the WTD had to be observed, or (d) if the application of the WTD to such an activity, by requiring the authorities concerned to set up a rotation system or a...