The travelling times domicile-first client and last client-domicile of itinerant employees must be considered as an effective working time
Labour Law
Source: European Court of Justice, 10 Sept 2015, n° C-266/14
In an important decision, the European Court of Justice (ECJ) has considered that the travelling times domicile-first client and last client-domicile of itinerant employees will have to be considered as an effective working time. In the facts, the Spanish company Tyco, specialized in the installation of safety devices, closed its regional offices and only kept the main office in Madrid, depriving hence its employees of a fixed workplace.
Those employees were therefore forced to do long trips and spend an unusual long time on the road, which could exceed 100 kilometres between the first client or the last client, and their domicile. The company Tyco had considered that the travelling time first-last client-domicile was a rest time.
The Court considered that the travelling time domicile – first client and last client – domicile of itinerant employees had to be considered as an effective working time.
This position clearly contrasts with the provisions of the French Labour Code. Indeed, the article 3121-4 of the Labour Code considers that the travelling time between the domicile and the workplace was not an effective working time. The French Supreme Court had to specify, at a later time, that this travelling time could be considered as an effective working time if it was unusually long.
This decision of the ECJ settles, therefore, a principled position, at least in regards with the itinerant employees, and which will have important impacts on the labour law of the States members of the European Union and de facto on French Law.
Historique
-
Action of the creditor against the offending third party seized, in the absence of a declaration of debt at the collective proceeding of the debtor
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreCollective proceedings Source: Supreme Court, Commercial Ch., 8 Sept 2015, n°14-15.831 In application of the articles L211-3, R211-4 and 5 related to t...
-
The employer cannot lay off an employee who was protected, for a motive already rejected by the work inspection
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreLabour Law Source: Supreme Court, Social Ch., 23 Sept 2015, n°14-10.648 According to a decision dated 23rd September 2015, an employee, who was previou...
-
The travelling times domicile-first client and last client-domicile of itinerant employees must be considered as an effective working time
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreLabour Law Source: European Court of Justice, 10 Sept 2015, n° C-266/14 In an important decision, the European Court of Justice (ECJ) has considered th...
-
Adoption by the Senate of the Project of Law for the modernisation of the French Health System (consecration of the right to oblivion)
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreThe Senate has adopted on October 6th 2015 a Project of Law establishing the right to oblivion for the persons who were previously affected by cancer, which...
-
L’absence de datation d’un chèque remis en garantie d’un prêt d’argent est valable
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreDroit civil Source : Cass. com., 22 sept. 2015, n° 14-17.901 JurisData n° 2015-021015 En garantie d’un prêt de 500 000€, le débiteur remet au créancier...
-
Action du créancier contre le tiers saisi fautif en l’absence de déclaration de créance à la procédure collective du débiteur
Publié le : 22/10/2015 22 octobre oct. 10 201520152015 / OctobreProcédures collectives Source : Cass. com., 8 sept. 2015, n° 14-15.831 En application des articles L.211-3, R.211-4 et 5 du Code des Procédures Civiles...