Travel time and time off for representative duties (Cass. soc., 9 December 2014, n° 13-22.212)
Travel time during normal working hours in the performance of representative duties is allocated as time off for representative duties, unless otherwise provided by law, unilateral undertaking or usage.
Break time and time off for representative duties (Cass. soc., 9 December 2014, n° 13-18.005)
Considering breaks as effective working time has no effect on the credit of hours.
In this case, a company agreement considered break times of 40 minutes per day as effective working hours: the employees worked 7 hours 20 minutes but were paid on the basis of 8 hours of effective work.
The employer did not take break time into account for the calculation and remuneration of the credit of hours: where the elected employee takes their time off for representative duties, then they no longer benefit from this break time which therefore shall no longer be remunerated.
The elected employee considered that there had been wrongful withholding from their salary.
The Cour de cassation agreed with the employer. In the Court’s view, although the staff representative must not suffer any loss of remuneration due to the exercise of their mandate, the number of hours off for representative duties legally set for employees holding representative mandates can only be increased by collective agreement or usage. Indeed, an agreement on RTT [time off in lieu] considering the duration of breaks granted to employees in their work as effective work time does not achieve this purpose.