The home-to-work commute, a decompression chamber, literary escapade, incessant smartphone scrolling, or second office?
Generally, the commuting time between home and the usual workplace is not compensated for the employee.
But every rule has its exception. When the employee performs specific tasks as per their contract and/or follows directives from the employer, their work is considered effective even during travel.
This conclusion was reached by the Cour de Cassation in 2022 concerning a traveling employee, whose job necessarily involves frequent travels.
In addition to this specific scenario, if the travel time exceeds the normal commuting time (for meetings or client appointments outside the company), it should be compensated with financial compensation or time off (Article L3121-4 of the Labor Code).
In any case, these provisions should not be confused with the full or partial reimbursement of transportation costs, which, under certain conditions, are mandatory for the employer!
It’s worth noting that in 2024, the threshold for social and tax exemptions is increased to 75% of the value of transportation subscriptions.
Subway, work, sleep…
