Time spent commuting to and from work is ‘work’, rules EU court

Judgement applies to workers without fixed office; will affect millions of public, private sector employees across EU

A European court has ruled that the time spent traveling to and from work should count as actual work and has directed employers to pay their employees for their time accordingly.

The judgement applies to workers without a fixed office, such as electricians, care workers, and sale representatives, and will affect millions of public and private sector employees across the European Union (EU), Quartz reported.

“The ruling is made to uphold the health and safety of workers, which is protected by the EU’s working time directive,” said ruling of the European Court of Justice. The legislation mandates that no employee should be forced to work more than 48 hours per week.



The ruling came after a legal case was filed in Spain against a company that installs security systems. Tyco, the company, shut down its regional offices in 2011 and its employees had to travel from home to work appointments.

“The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves,” said the ruling.

“Requiring them to bear the burden of their employer’s choice would be contrary to the objective of protecting the safety and health of workers pursued by the directive, which includes the necessity of guaranteeing workers a minimum rest period,” it said.

This article originally appeared on Quartz