Legal
A summary of recent legal changes by the European Court...
The recent decision by the European Court in C266/4 Tyco said that travel for workers without a fixed place of work from home to a client site, and back again is classified as “working-time”. This is working time as the workers are at the disposal of their employer. Tyco is a business in Spain which closed down its regional office and the business was then conducted from its head office. It requires certain employees to travel directly from their homes to client offices throughout their territory, then returning to their home. Employees travel time could be up to 3 hours per day each way.
Under European law employees working-time is subject to a 48 hour maximum hourly working week which can be averaged over 4-6 months, or over a period of up to 12 months where there is a collective agreement, in order to protect the health and safety of workers under European law.
Where does this leave employers in Ireland?
The National Minimum Wage Act 2000 does not specify that travel time is working-time and that time spent travelling must be paid in accordance with the national minimum wage. This decision applies immediately in the public sector. At the moment, the decision does not require private sector employers to pay employees for travel time as the National Minimum Wage Act does not require this, but this Act is now out of date and the Courts will interpret Irish law in light of this new ruling. There is now a risk of disputes on minimum wage by employees and Trade Unions.
How can an employer best deal with this?
Employees working hours and travel time should be monitored to ensure they keep within an average of the maximum 48 hour working week. Employers should consider how travel time for mobile staff can be minimised, the scheduling of appointments, and whether travel from the workplace is best. Employees must have a rest period of 11 hours between the end of one working day and the next working day under European law to protect their health and safety.
If you have any comments on the above or would like any further information please contact Davnet O’Driscoll at Davnet@amoryssolicitors.com