Home-to-appointment travel time is indeed considered actual working hours

The Court of Cassation in Paris has ordered a Rennes-based locksmith company to pay €140,000 to a former employee who “spent too much time in his car”.

This decision is expected to set a legal precedent. The Court of Cassation in Paris examined the case of an employee who traveled over 60,000 km annually by car. He used his vehicle to visit clients at their homes. During his daily commuting hours, he had to answer calls from his employer, clients, and technicians. He was dismissed after six years because his former employer deemed that he spent too much time in his car, even though it was considered a work-related trip.

Whether by car, bike, or on foot, the daily commute from home to work remains an unavoidable part of each workday. According to a study by Alphabet France conducted by the Ifop, the French spend an average of 25 minutes in transport. One in four French people believes that these daily trips negatively impact their quality of life at work. Additionally, 72% of respondents to the Ifop survey mention a loss of time.

€140,000 in damages awarded

The Court of Cassation ordered a locksmith company to pay €140,000 in damages for unpaid overtime to a former employee. The judge recognizes that the time spent in the car is considered working time. Moreover, the Court of Cassation states that “the employee must be available to the employer without engaging in personal activities.” Thus, “the effective working time is the time during which the employee is at the employer’s disposal. They must follow instructions without engaging in personal activities.”

A Court of Cassation decision that offers opportunities

This ruling could allow other employees to be compensated for their travel between home and work. In France, three out of four workers use a car for their professional or commuting trips. Travel time could be considered by the courts as full-fledged working time. It might be paid as any other overtime hours.

For those using public transportation, this rule may not apply. It specifically concerns traveling employees. It’s sad news given the impact that such commuting has on French mental health. The Office for National Statistics published a study on employee well-being, confirming that those who use public transit are three times more stressed than those commuting alone.

Read also: Carpooling: a €100 bonus for newcomers