Mobile workers travelling to and from first and last assignment
[ch 4: page 110]The average hourly pay of mobile workers in any reference period (week or month) must be at least the NMW after including time spent travelling to and from the first and last appointment of the day (Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL [2015] EUECJ C-266/14).
There is no statutory definition of “mobile workers”. They are workers with no specific job location whose job requires them to travel from place to place, such as home-based field engineers.
The Tyco case concerned working time rights, rather than NMW law (see Working Time: Mobile Workers). Even so, this ruling has implications for pay negotiations over travel time for low-paid mobile hourly-paid workers, because their average hourly rate in any pay reference period must not fall below the NMW, once this travel time is added.