Kernrechtsfrage
Whether home on-call duty counts as compensable working time under the Aargau personnel rules
Extrahierter Entscheid
No. Only on-call duty performed with presence at the workplace qualifies as intra muros working time; home on-call duty does not.
Extrahierte Begründung
Although home on-call duty significantly restricts personal freedom, there are material differences from duty at the workplace. At home the physician can still organize the time freely within the residence, whereas at the workplace he is far more constrained. Treating the two situations differently is therefore neither arbitrary nor unequal.