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European Court of Justice classifies group commutes as working time
The European Court of Justice (ECJ) has ruled that organized group travel to a work site by employer-provided vehicles must be classified as full working time. This decision follows a legal dispute in Spain where a landscaping company counted the journey to a site as working time but did not recognize the return trip.
The court determined that under the EU Working Time Directive, there is no distinct category for "travel time" separate from working time and rest periods. To qualify as working time, the journey must be part of the employee's actual activity, the employer must dictate the route, time, and vehicle, and the employee must not be free to use the time for personal purposes.
This ruling significantly impacts sectors such as construction, cleaning, and field services, where long commutes can lower the effective hourly wage. It may also lead to claims for back pay for previously unpaid travel durations and increases the pressure on companies to ensure precise time-tracking and compliance with minimum wage regulations.