RE: Federacion de Servicios Privados del sindicato Comisiones obreras -v- Tyco Integrated Security SL
This case confirmed the opinion of the Advocate General when heard by the Court of Justice of the European Union (CJEU) that travelling time from home to the customer’s premises may be regarded as working time for the purposes of the Working Time Directive. The case involved technicians installing and maintaining security equipment at various customers’ locations in Spain. There was provision of a vehicle and the technicians travelled from home to the locations to install the equipment.
Contact with the employer was made by mobile phone and it was only on rare occasions that they were required to travel to the employer’s office or a central location.
The CJE held that travelling time was not a rest period and found it to be working time. Employers should have regard to this when calculating the 48 hour working week. For further advice please contact the Association.