The European Court of Justice (“ECJ”) in Federación de Servicios Provados del sindicto Comisiones obreras (CC.OO.) v. Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA held that,
“when workers…do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes working time within the meaning of the [Working Time Directive,]
The ECJ’s decision expands the definition of working time for employees who are not assigned to a fixed or habitual place of work to include what would normally be viewed as commuting time.
Employers should consider whether they have any workers who would be impacted by this decision and what changes (if any) it might be necessary to make. For example, if, in the light of the additional working time, rest periods may need to be restructured / recalculated or whether the maximum working hours are exceeded.
The ECJ`s decision can be viewed here: http://www.bailii.org/eu/cases/EUECJ/2015/C26614.html
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The above should be used as a source of general information only and is not a substitute for legal advice. It is not intended to give a definitive statement of the law.
