The recent SC ruling of 27 November 2024 clarifies that the time spent travelling from the worker's home to the first customer and back at the end of the working day doesn't constitutes effective working time for pay purposes.
The Social Division of the Supreme Court has ruled that employees’ journeys from their home to the first client, as well as from the last client back to their home, cannot be considered effective working time. This ruling overturns the previous decision of the Audiencia Nacional, which had recognised such journeys as working time for the employees of TK Elevadores SLU.
The Supreme Court establishes that this type of transfer does not meet the requirements defined in article 34.5 of the Workers’ Statute, which determines that effective working time is involved:
- Staying in the workplace.
- Provision to the employer during this time.
- Employment activity during the period under consideration.
Furthermore, the ruling is in line with the European Court of Justice (CJEU), according to which, save in exceptional circumstances, these journeys do not form part of working time for pay purposes.
Practical implications for business
- Internal policy review: Companies can confirm that travel time is unpaid, unless there are specific agreements or exceptions arising from the particular characteristics of the job.
- Dispute management: This pronouncement provides legal clarity for resolving claims related to the consideration of travel time.
- Uniformity in interpretation: Companies with nationally distributed centres can apply this doctrine as a uniform criterion, reducing disparity in the treatment of their workers.
Key issues for workers
- This ruling does not affect specific situations where travel is an inherent part of the work activity, such as in cases of services provided in remote locations or without a fixed place of work.
- It is essential that workers are aware of the company’s policies regarding these times and the applicable agreements.
The Supreme Court ruling reaffirms that travel to and from the first client does not constitute actual working time, barring exceptional circumstances. This ruling clarifies a controversial issue and reinforces the importance of assessing each case under the existing legal framework.
If you have any doubts or labour claims, we recommend that you check the applicable agreements and, if necessary, seek professional advice.
You can contact this professional office for any questions or clarification you may have in this regard.
For further information, please consult with Asesoría laboral
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