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EU The Courts

EU Court: Commuting to Customer Sites Counts as Work 241

Joe_Dragon writes with news that the European Court of Justice has issued a ruling (PDF) saying that workers who have to commute to see customers, but don't have a "fixed or habitual place of work," must have their transit time at the beginning and end of the day count as working time. In other words, driving to your normal office every day doesn't count toward your paycheck, but leaving home in the morning to go visit a client or customer at your employer's request does. This added commute time also counts toward weekly labor limits — EU regulations for working conditions prohibit employers from making their employees work more than 48 hours a week on average. The court said, Given that traveling is an integral part of being such a worker, the place of work of that worker cannot be reduced to the physical areas of his work on the premises of the employer’s customers. The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves.
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EU Court: Commuting to Customer Sites Counts as Work

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  • This is... (Score:5, Insightful)

    by Anonymous Coward on Saturday September 12, 2015 @03:02PM (#50510699)

    ...exactly like it should be.

  • What's going on? (Score:4, Informative)

    by Hognoxious ( 631665 ) on Saturday September 12, 2015 @03:05PM (#50510705) Homepage Journal

    Someone literate appears to have hijacked Joe_Dragon's account.

  • by Shadow of Eternity ( 795165 ) on Saturday September 12, 2015 @03:06PM (#50510707)

    Without this it's possible for someone to spend 80 hours working during the week and only get paid for half that much or less. When someone is following their employer's instructions and carrying out their job duties they're at work and on the clock, it's that simple. Someone who works principally in an office and travels irregularly occasionally has to deal with a special situation. Someone whose principal employment involves travelling to and from various job sites should have that travel counted as part of their work day.

    • I interviewed for a job at this one office and they where not even paying full mileage to customers sites or even the tolls to get to them.

      They said we don't have to pay the number of miles it takes to get to our main office to your home each way when going to differnt customers sites from your home most of the week. They said that you where scheduled came into the office one a week (other then maybe times where customers sites needed a visit that day)

      • Were!=Where
      • by Fire_Wraith ( 1460385 ) on Saturday September 12, 2015 @05:35PM (#50511203)
        They claim that, but here's the difference.

        When I go into the office I regularly work in, it's my choice where I live. I can choose to live an hour away if I want, or five minutes away. Now, there may be other tradeoffs in that, but it's my choice.

        On the other hand, if I'm being sent to different customer/client sites, then I really can't choose to live closer or farther from work. I live where I live, and they require me to travel there as part of my duties.
      • Comment removed based on user account deletion
        • by dryeo ( 100693 )

          You can move to 5 minutes from the office instead of 30 minutes. When they get rid of the office and you have to spend 30+ minutes driving in various directions that choice is gone.
          Note that this ruling is about businesses that don't have an office or another way to look at it is your home is the office.

        • It can get tricky if you go into the office and then to a client site and then home (or vice versa) but where I work they've got a pretty good system for figuring that all out.

          For me this is not tricky at all. I will expense any miles that are greater than my normal daily commute. If my normal round-trip to my office and back home is 20 miles, I will expense any mileage that requires me to drive more than my normal 20 miles in a given day.

    • by AmiMoJo ( 196126 )

      The worst part is that one of the professions that will be most affected by this is healthcare, and the bosses are already saying that it makes it unaffordable. They say they can't afford to pay nurses who visit the elderly and disabled at home any more, and can't pay then less because it would put them below minimum wage.

      It's pretty bad when we already pay the people who look after the vulnerable in our society minimum wage. How little we value that care.

  • Logical (Score:5, Insightful)

    by Ecuador ( 740021 ) on Saturday September 12, 2015 @03:22PM (#50510777) Homepage

    If you know your place of employment, commuting is up to you - you can live close by if you prefer. But if you have to go where your employer tells you every day, commuting is on them.

    • by sosume ( 680416 )

      So how does that work when doing 6 months projects on-site? You know where the job is, but it doesn't make sense to move every 6 months.

    • If you know your place of employment, commuting is up to you - you can live close by if you prefer.

      Although I agree that this makes sense and it's probably one of the many reasons that the labor laws are this way, there are plenty of situations where this is just not possible. If you're a housekeeper, work at a fast food joint, etc... in an expensive area then chances are there is not going to be affordable accommodations nearby. I've heard stories of people having 4 hour commutes via public transportation to work a 4 hour shift at minimum wage. Making employers start pay when you leave your home also

      • by sjames ( 1099 )

        Employers would have a hard time discriminating since they won't find anyone in an expensive area who is willing or able to work for minimum wage.

      • by tsotha ( 720379 )

        I'm always skeptical of those stories. Minimum wage jobs aren't that hard to come by. Why would you commute to a minimum wage job hours away when you could get one within a few miles? I have to believe in most instances this is a case of someone who isn't legally allowed to work travelling to the nearest job where the employer is willing to look the other way.

    • by r1348 ( 2567295 )

      Does that mean no more minimum wage jobs in city centers?

    • by MrL0G1C ( 867445 )

      you can live close by if you prefer.

      Not if you live in most parts of England, UK, housing is simply too expensive for the majority of people to just move to where their job is - typically in the expensive part of the cities.

      Making employers pay for miles commuted would result in a massive CO2 output reduction, traffic reduction and would encourage employers to locate where people live rather than in the middle of the city.

    • by AmiMoJo ( 196126 )

      You can live nearer if you can afford it. A lot of low paying jobs screw the employee by making them commute a long way.

    • by bidule ( 173941 )

      If your employer isn't happy, you can always commute to their closest office THEN get paid to commute back to the client. Keeping a local office sure is cheaper than paying for 4 hours commutes every day.

  • by FlyHelicopters ( 1540845 ) on Saturday September 12, 2015 @03:33PM (#50510831)

    I'm sorry, did a court just make a completely reasonable ruling that makes total sense and is fair to all involved?

    Gosh, what has this world come to?

    If I call up my employee and say, "hey, I need you to go to XYZ customer's office and do ABC", then clearly from that point until they get back to where they were (home), they are "on the clock".

    I honestly can't imagine doing it any other way, maybe I'm weird?

    • They can put you on salary and pay you like $40K to work like 40-60 hours a week and your are on the clock 24/7

      • by Kjella ( 173770 )

        They can put you on salary and pay you like $40K to work like 40-60 hours a week and your are on the clock 24/7

        Nope. There's a very narrow definition of exempt workers in the EU for management and extremely independent positions. You need to have the freedom to decide the scope, location, duration and content of your work, for the management side the power of delegation is crucial otherwise the other requirements are even stronger. In short, your average white collar labor job must obey regulations on working hours and must pay overtime when certain limits are exceeded.

    • No, not total sense.

      Obviously, leaving your house for the customer's premise constitutes 'starting work', and being 'on the clock'. Wait, what clock? Do you carry the employer's timeclock in your car?

      No, you're on salary. The clock premise is a little disingenuous from the get-go, isn't it? You're simply expected to work around 8 hours a day, 40 a week. Sometimes weekends, depending on the current project. If you don't get comp time for that later btw, then your job sucks. That's the reality for 99% of trav

      • by bmo ( 77928 )

        And btw, how is it fair that they get paid for driving to work and I don't?

        Complaining about "that guy over there makes more money than I do for the same job" doesn't mean that guy is being paid too much.

        It means you're being paid too little.

        And your entire post revolves around the fact that you didn't RTFA.

        --
        BMO

      • No, you're on salary. The clock premise is a little disingenuous from the get-go, isn't it? You're simply expected to work around 8 hours a day, 40 a week. Sometimes weekends, depending on the current project. If you don't get comp time for that later btw, then your job sucks. That's the reality for 99% of traveling jobs that anyone on /. might have. (If hourly traveling nurses are getting screwed out of significant drivetime, then that's a problem I guess, but I don't think we are talking about them.)

        Wel

    • by AmiMoJo ( 196126 )

      EU courts make a lot of good, logical decisions. Some news outlets would have you believe otherwise, but it's true.

  • by gnasher719 ( 869701 ) on Saturday September 12, 2015 @03:48PM (#50510885)
    Case 1: I work every day in an office 20 miles away (or 100 yards away) from my home. I pay for the journey out of my own pocket and don't get paid as working (in some countries, like Germany, the cost of travel is tax deductible).

    Case 2: My office is 20 miles away (or 100 yards away) from my home. When I get there, my boss sends me to a client anywhere in the country (within reason). I pay the journey to the office out of my own pocket and don't get paid for working for the time. The company pays for my journey to the client and pays the driving time as work time.

    Case 3: There is no office. I drive from home to a client and back. This ruling effectively says that this situation is handled exactly the same as if my office was in the home next door, which is entirely logical.
    • My office is 20 miles away (or 100 yards away)

      I appreciate that you're trying to use imperial units for us Americans, but there's a huge difference between 20 miles and 100 yards. Maybe you should just stick to metric: we understand it here.

    • Once you're at the 'office' in case 2 you are working and so are paid for the time taken for you to get to clients. This was a loophole that was being used to avoid paying staff by not having a starting point for the working day.
  • Like any law or ruling, there are certainly loopholes or workarounds. An obvious one would be to obtain a [small] office near/in the customer premises. Then the long commute is to this assigned business office, with a short hop to the customer.

    The real problem is you cannot legislate morality or fairmindedness. A market economy can balanece things to the extent competition operates. An unfair employer loses employees (a big deal in IT). However, the EU is especially keen to entrench "employee rights" a

    • by sjames ( 1099 )

      I guess you'll be mortified to learn that the law works the same way in the U.S.

    • It has to be a regular office, which I assume courts would take to mean that you can't send workers to different offices all the time without some sort of compensation. I'd guess that the first company to really try this loophole will find itself in the EU courts trying to explain how changing the 'regular' office every week was reasonable.
    • Like any law or ruling, there are certainly loopholes or workarounds. An obvious one would be to obtain a [small] office near/in the customer premises. Then the long commute is to this assigned business office, with a short hop to the customer.

      That's not a "workaround", that's just a different situation. In particular in that situation, the employee can simply move close to the office.

      However, the EU is especially keen to entrench "employee rights" and thereby lessen competition for employees. If you cannot

    • Two problems with that.
      1. Within the EU the home office of the worker can't change without proper procedure, often with unions involved.
      2. If the office is changed then the travel is usually tax-deductible instead, so the employee may even benefit from it.

  • by digitig ( 1056110 ) on Saturday September 12, 2015 @04:58PM (#50511085)
    This ruling has nothing at all to do with worker's paycheck. The ruling only relates to the working time directive -- the maximum hours someone can be required to work -- not whether that time counts towards pay.
    • It might require some payrises due to the recalculated hourly pay falling below minimum wage laws.
      • No, because the ruling doesn't apply to pay at all, only to maximum permissible hours -- essentially a health and safety thing.

        The unions are pushing for the hours to count for pay as well, but that would take a new ruling.

  • Comment removed based on user account deletion
  • Comment removed based on user account deletion
  • by swb ( 14022 ) on Sunday September 13, 2015 @08:09AM (#50513115)

    I work for a SMB consultancy and we had this debate concerning mileage reimbursement. None of the engineers had an office presence at our small office -- we worked from home or at client locations. I started when the company was quite small and the owners were willing to pay for ALL mileage (except from home to office and back trips), partly because many customers were required to pay a trip charge of $25 so the owner was already making a profit on trips under about 50 miles.

    At some point as they became more sophisticated and were worried they were running into a tax liability for mileage reimbursements not covered by IRS rules. They wanted to cut any reimbursements involving trips to/from home and client locations.

    Since we didn't have any choice involving customers and a significant minority were distant (ie, round trips of 70 miles), I made a stink about it. I argued that tax liability wasn't the issue -- whether or not they were able to deduct our mileage reimbursement as a tax deduction wasn't my concern.

    The business model was on site IT support. Asking me to bear 100% of the cost of supporting their business model isn't remotely equitable -- they need to provide compensation for the use my capital (car) in their business model. The alternative is they provide me with a car to fulfill their business model, which I guarantee will be more expensive than a mileage reimbursement. Plus, they are getting trip charges from the customer, so it's not like they're not already exceeding their cost to me in travel compensation.

    Surprisingly, they bought this argument, at least for me as a long-serving worker who had basically received this compensation for several years.

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