Case Law

Traveling times of a traveling employee are integrated into their actual working time

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

Traveling time or travel time of an employee traveling between his home and the sites of the first and last customers must be included in the actual working time and paid as such. This is what the Court of Cassation said in a judgment of the Social Chamber on November 23, 2022.

Image 1
Image 1Crédits: © Serhii -

A traveling employee was dismissed by his employer. He asks her to pay overtime and paid leave.

The Court of Appeal ordered the employer to pay the employee a reminder of overtime and paid leave in respect of travel time taken by the employee to intervene with customers and thus to go to the place where his contract was performed. Following that judgment, the employer appealed to the Court of Cassation.

The Court of Cassation dismissed the appeal and held that the employee could not “go about personal business” during travel or travel time between his home and the sites of the company’s clients since he had to be at the employer’s disposal. The Court thus recognized that traveling time or travel time of a traveling employee must be included in his actual working time and paid for that purpose.