Spanish security system provider Tyco breached working time guarantees by refusing to pay its mobile workers for travelling to different work locations and back. Tyco operated a system where its workers did not have a regular office but would travel each day from home to client locations and back. According to the CJEU, the working time of such employees starts on leaving home, which may be before regular working hours. Thus travel hours should be paid additionally and may also qualify as overtime.
In the event of a dispute over working time or remuneration, the national courts of the Baltic States would rely on CJEU case law. The case of the Spanish company is likely to affect employers and employees in the communications, construction, sales, energy, instalment services and similar sectors, where employees’ work involves visiting different locations.
As an example, the Lithuanian Labour Code allows an employer and employee to agree on special compensation payable for work of a mobile nature. One can assume that companies offering such compensation would have better grounds against claims of this kind.
The full text of the court judgment is available here: