Travelling Time Counts as Working Time

In a recommendation by theAdvocate General it was determined that travel time counts asworking time.

In the case of theFederación de Servicios Privados del Sindicato ComisionesObreras, the Advocate General considered the meaning ofworking time under the European Working Time Directive. Itwas the opinion of the Advocate General that travelling workers whohad no fixed or habitual workplace should be able to count the timespent travelling from home to the first customer and from the lastcustomer back to their homes as working time. The AdvocateGeneral took the view that such workers were "peripatetic workers"and that for them travelling was an integral part of the work andthe necessary means of providing services to the customers, meaningthat it should be regarded as forming part of the workers'activities.

Whilst the opinion of theAttorney General is not binding it is often followed by theEuropean Court of Justice who will give their Judgment later in theyear.

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.