Is the employee's travel time considered as working time?

General scenario

Commute home - usual place of work

The commuting time from home to the usual place of work is not an actual working time.

If this time is increased due to a disability, it can be compensated in the form of rest. The employer and the employee agree, preferably in writing, on the consideration.

Commute home - unusual workplace

The travel time from home to unusual place of work is not an actual working time.

This may be the case on a business trip, for example.

If it exceeds the usual commuting time from home to work, the employee benefits from a counterpart either in the form of a rest or financial. This consideration is determined by convention or collective agreement or, in the absence of an agreement, by unilateral decision of the employer taken after consultation with CSE: titleContent, if it exists.

The part of this journey time coinciding with the normal working schedule is not actual working time.

Special cases

Travel time from home to work for a traveling employee

A traveling employee is an employee who has no fixed or usual place of work.

The journey time home - 1^er the place of work (or client) of a traveling employee is not actual working time.

If this time is increased due to a disability, it can be compensated in the form of rest. The employer and the employee agree, preferably in writing, on the consideration.

On the other hand, it is considered as actual working time if the employee is at the disposal of the employer, complies with its directives without being able to freely go about personal occupations.

This is the case when the employee must, while driving, thanks to his professional mobile phone and his hands-free kit integrated into the vehicle made available to him by the business, be able to set appointments, call and answer to his various interlocutors, customers, sales manager...

Commute time home - place of work for an employee on call during a stand-by

Commute time home - place of work completed during periods on-call is actual working time.

Travel time home - meeting place for a staff representative

The travel time of a staff representative to meetings at the initiative of the employer during normal working hours shall be deemed to be actual working time.

If the journey time is taken outside the normal working time, it shall be treated as actual working time only for the part exceeding the normal journey time from home to the place of work.

Travel time hotel - workplace of an employee on mission

The travel time between the hotel and an employee's workplace on a mission is not necessarily actual working time.

It is only if the employee cannot freely engage in personal activities and must comply with the employer's instructions that he is considered to be working time.

If the employer requires the employee to go through the company

If the employer requires the employee, leaving his home, to go through the company before going to a workplace (construction site, site of intervention for example), this time is assimilated to actual working time upon arrival of the employee at the company.

This is the case, in particular, when the employer requires the employee to pass through the company to load materials into the company's vehicle to go to a construction site.

If the employer does not oblige the employee to go through the company

If the employee, leaving his home, goes through the company for reasons of personal convenience before going to a workplace, this time is not assimilated to actual working time.