Judgment_paragraph 39 · Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL and Tyco Integrated Fire & Security Corporation Servicios SA (C-266/14)

39In that regard, it should be stated that, during the time spent travelling between home and customers, workers in a situation such as that at issue in the main proceedings have a certain freedom that they do not have during the time spent working on a customer’s premises, provided that they arrive at the designated customer at the time agreed upon by their employer. Nevertheless, it is apparent from the file provided to the Court that that freedom already existed before the abolition of the regional offices, the only thing to have changed being the departure point of the journey to get to that customer. Such a change does not affect the legal nature of the obligation of those workers to obey their employer’s instructions. During those journeys, the workers act on those instructions of the employer, who may change the order of the customers or cancel or add an appointment. In any event, it should be stated that, during the necessary travelling time, which generally cannot be shortened, those workers are not able to use their time freely and pursue their own interests, so that, consequently, they are at their employer’s disposal.