The Spanish case calls into question two security systems installation and maintenance companies who had only counted employee working time as starting from the moment the employee arrived at the first client address and halting at the moment the employee left the final client’s address. Following conclusions by the French advocate General Yves Bot (c.f. article No. 9136) the Court affirmed that the Directive 2003/88 regarding certain aspects of working time organization should be interpreted as “as meaning that, in circumstances such as those at issue in the main proceedings, in which the workers are not assigned to a fixed or habitual place of work, the time spent by those workers travelling between home and customers constitutes ‘working time’, (…), 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.”
EU: travel time between peripatetic workers’ homes and their customers should count as working time (CJEU)
In a ruling handed down on 10 September over a Spanish case the CJEU said that working time should include the time spent by peripatetic workers (no fixed or habitual place of work), who are equipped with company mobile phones and drive company cars driving from their home to their first client as well as from their final client back home again.
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