Changes to law for Mobile Workers

Recent European case law developments have ruled that, for mobile workers, the time spent travelling to and from their first and last job of the day counts as ‘working time’.

What counts as working time for mobile workers?

• The time spent travelling to the first job and last job of the day will now count as ‘working time’ for mobile workers.
• Mobile workers are those who do not have a fixed office base i.e. possible sales representatives, mobile technicians, mobile care workers etc.
• The ruling has been designed to protect the safety and health of workers in terms of their rest periods. Travelling time from their home to a customer’s premises, and vice versa, is now classed as ‘time at the disposal of the employer’. 

The Ruling - Court of Justice of the European Union – Federacion de Servicios Privados del sindicato Comisiones obreras Vs Tyco Integrated Security (2015)

This case emerged from a group of technicians employed to install and maintain security equipment in various locations in Spain.  The company, Tyco, had decided to close their regional offices and operate from a remote central office in Milan giving the workers the use of company vehicles. On the eve of their working day, the workers would be advised of their scheduled appointments and geographic locations. Tyco had calculated working time as only the time spent installing and servicing the security units at the customer premises. However, the workers argued that the time spent travelling to a customer’s premises, often in excess of two or three hours, did not count as rest periods and were therefore ‘working’.

The ruling made it clear that, for mobile workers with no fixed place of work, the time spent travelling between their homes and the premises of the first and last customers, as designated by their employer, constituted working time.

What are the considerations for your business?

• Travel time should be factored into a worker’s working time and contracted hours (if they do not have a fixed place of work).
• Careful planning should be given to the workers schedule to minimise the travelling time (and distance) at the start and end of the day.
• If company vehicles are collected from a fixed office/depot address at the start and end of the day then this is unaffected and does not constitute working time.

If you would like to discuss this further please do not hesitate to contact a member of the Tamar HR team.