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Peripatetic workers' travel time to first and from last customers of the day is "working time"

29-September-2015
29-September-2015 11:16
in General
by Admin

The European Court of Justice has ruled that the time spent by workers, who do not have a fixed or habitual place of work, on travelling each day between their homes and the premises of the first and last customers designated by their employer is "working time" for the purposes of the Working Time Directive (2003/88/EC).  

 

It is important to note that this decision affects the entitlements of peripatetic workers in respect of working time (e.g. entitlement to rest breaks).  It does not affect entitlement to pay.  The court held that employers were free to determine pay for time spent travelling between home and customers. Subject to the national minimum wage (for which see below), the question of payment for travelling time will be determined in accordance with a worker's contract.

 

This case is not directly relevant to the National Minimum Wage Regulations. However, there has been an ongoing debate about calculation of the national minimum wage for mobile workforces and the issue is currently subject to litigation.

 

Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another (c-266/14).