The case was brought before the court because of a legal challenge from a Spanish trade union on behalf of employees of Tyco, a Madrid-based company which installs antitheft security equipment in homes and commercial premises.
After the company closed its regional offices in 2011, its technicians were assigned a company car and mailed a list of assignments for the following days' work, some of which could be more than 100 kilometers from their home, taking up to three hours to drive.
"Before the closure of the regional offices, however, Tyco used to count the daily working time of its employees as starting when they arrived at the office (the employees then picking up the vehicle they were to use and receiving the list of customers to be visited and the task list) and ending when they returned to the office in the evening (to leave the vehicle there)."
Spain's National High Court, dealing with the court case, asked the European Court of Justice whether the worker's commute counts as working time under the EU Working Time Directive, which defines working time as "any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties."
On Thursday, the European Court of Justice declared that "where workers, such as those in the situation at issue, do not have a fixed or habitual place of work, workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes working time within the meaning of the directive."
"During the necessary travelling time – which generally cannot be shortened – the workers are therefore not able to use their time freely and pursue their own interests," said the court ruling, which will force many employers to rethink their employees' schedules in order to comply with health and safety rules that limit working hours.
