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

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.