Travelling Time is Working Time According to the CJEU… at Least for Mobile Workers

Abstract

The definition of working time has been the subject of case law of the European Court of Justice (CJEU) many times before. A recent judgement of the CJEU on the time spent travelling by mobile workers adds a new piece to the puzzle. After describing the case, this commentary will make an attempt to clarify its impact on the concept of working time by looking at other situations where employees have to travel from their homes to customers. Afterwards, arguments are given as to why this judgement could perhaps be seen as a new CJEU puzzle altogether regarding the definition of working time by comparing this case to the well-established case law of the CJEU on doctors on call.

Keywords

concept of working time Directive 2003/88/EC organisation of working time protection of the health and safety of workers time spent travelling between the workers' homes and the premises of the first and last customers workers who are not assigned a fixed or habitual place of work

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