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Working Time - journeys by workers between their homes and the first and last customer is ‘working time’ – the Court of Justice of the European Union

The Court of Justice of the EU made a preliminary ruling yesterday (in Federación deServicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA (case C-266/14)) that, where workers do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and first and last customers designated by their employer constitutes working time within the meaning of the Working Time Directive (Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 (OJ 2003 L 299, p. 9)).

The Directive defines ‘working time’ as any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice. A period which is not working time is regarded as a ‘rest period’.

The Court found that workers who were travelling from place to place (such as carers) were carrying out their activity or duties over the whole duration of those journeys. The Court took the view that the workers are at the employer’s disposal for the time of the journeys; and considered the workers to be working during the journeys.

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