The journey from the hotel to the employee’s place of work does not constitute actual working time.

By way of introduction, it should be remembered that, under article L.3121-1 of the French Labor Code, effective working time is the time during which the employee is at the employer’s disposal and complies with the employer’s instructions, without being free to pursue personal interests.

In a ruling handed down on June 7, 2023, the Social Division of the French Supreme Court (Cour de cassation) clarified that travel time between the hotel and the employee’s place of work is simply business travel time.

In this case, an employee was hired as a mystery shopper by a company operating in the automotive sector, whose mission was to visit the company’s dealerships throughout France.

The employee therefore travelled for a week, visiting one dealership a day, without returning home. In this case, the employer covered hotel expenses.

He brought various claims before the labour court relating to the performance of the employment contract, specifically overtime, paid leave and compensation for undeclared work, as he considered that the journeys made between the hotels and the concessions constituted working time.

The Court of Appeal ruled in favor of the employee, considering that journeys made by the employee between two successive workplaces in the context of prolonged trips without returning home should be treated as actual working time.

In addition, the judges confirmed that the journeys made were necessitated by the organization of work according to schedules determined by the employer, which placed the employee in a situation where he remained at the employer’s disposal.

However, the Court of Cassation overturned this decision on the grounds that the time spent commuting did not constitute “travel time between two workplaces, but simple business travel not considered as actual working time“. She added that the Court of Appeal should have verified ” whether during these times considered to be work-related, particularly the time spent travelling to and from the hotel, the employee was required to comply with the employer’s instructions without being free to pursue personal interests “In accordance with article L.3121-1 of the French Labor Code.

A logical and legitimate solution, to say the least.