European Court recognized the trip to work and from work as the work
Indeed, this decision relates to those who do not get a permanent work place in the office from the employer. In first turn, these are trade agents, internal plumbers, and social workers who come to assignments from the house. It is written by RBC.
The decision of European Court was made on the basis of claim against Spanish corporation Tyco which in 2011 closed its provincial offices saving only an office in Madrid. The employers of Tyco annually come by official car to get assignments on establishment of fire signal system and alarm against robbers from the own house. These people often go more than one hundred kilometers. At that, according to the rules accepted in Tyco, the working time starts being counted off only from the moment of arrival to the place of implementation of the first order and ends immediately after the finish of the last one, regardless of the fact that employee has to spend one or two hours more to get home.
‘The fact that people are obliged to get to the place of work verily from the house is explained by the reason that employer decided to close the regional office but not by the desire of employees themselves’, it is noticed in the document of European Court.
As the judges think, to force workers suffer from the consequences of such a choice of employer would mean to break the principles of protection of the health and safety of the employees and legislation rules that guarantee right for rest for the workers.
The lawyers reported that, according to the rules acting in European Court, nobody could be obliged to work more than 48 hours per a week. However, the European Court confirmation of the time spent in the way by a working time means that majority de facto overworks.
‘If we take into consideration the time to trip towards and from the place of work implementation, it will seem that several people work ten hours a week longer than it was considered before. In its turn, it means that their salary is less than minimal one’, the lawyer Chris Tatton explained to BBC.