Travel time from home to fixed work address is not working time. If the employee is sent to a place of work outside the company, but returns before the end of the work day, such travel will normally be considered as working hours.
If the journey is a necessary prerequisite for the worker to fulfill its obligations in the employment relationship, and this journey cannot be shortened, it should be considered as working time. This is because the employee in this period is not free to leave the working environment and deal with their own interests.
The EFTA court refers to the fact that there are three main elements that must be the basis for the travel time after the directive to be working time:
1.The employee performs duties or duties within the framework of the employment relationship.
2. During travel time, the employee must be at the disposal of the employer. The person must be in a situation where he is legally obliged to follow his employer’s instructions and perform his duties for the employer.
3. During the travel time, the employee must be at work. It means that the traveling is integrated part of the work.
