Travelling Time Counts as Working Time

In a recommendation by the Advocate General it was determined that travel time counts as working time.

In the case of the Federación de Servicios Privados del Sindicato Comisiones Obreras, the Advocate General considered the meaning of working time under the European Working Time Directive.  It was the opinion of the Advocate General that travelling workers who had no fixed or habitual workplace should be able to count the time spent travelling from home to the first customer and from the last customer back to their homes as working time.  The Advocate General took the view that such workers were "peripatetic workers" and that for them travelling was an integral part of the work and the necessary means of providing services to the customers, meaning that it should be regarded as forming part of the workers' activities.

Whilst the opinion of the Attorney General is not binding it is often followed by the European Court of Justice who will give their Judgment later in the year.

Posted on: 24/06/2015

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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