De fleste har en følelse om hvilken arbeidstid de har. Når en begynner på jobb og når en slutter. Som regel er arbeidstiden regulert i arbeidsavtale eller tariffavtale. Om en er på reise ifb. arbeidet er dette ofte mer uklart og arbeidstaker må ofte reise på sin egen fritid.

I en dom avsagt av EFTA domstolen 27. november 2017 (Sak E-19/16) fastslås det imidlertid:

”………. at den nødvendige tid som medgår til reise utenfor alminnelig arbeidstid for en arbeidstaker ……. til og/eller fra et annet sted enn hans faste eller sedvanlige oppmøtested for å utføre sine arbeidsoppgaver eller plikter på dette andre sted som angitt av arbeidsgiver, utgjør “arbeidstid” etter direktivet artikkel 2. Det kreves ingen vurdering av intensitet av den mengde arbeid som utføres på reisen. Hvor ofte slike reiser finner sted, er uvesentlig med mindre virkningen er at arbeidstakerens arbeidssted flyttes til et nytt fast eller sedvanlig oppmøtested….”(utdrag fra premiss 82 i dommen).

Dette innebærer at for reiser som foretas ifb. arbeid for en arbeidsgiver så skal reisetid anse som arbeidstid. For eksempel skal en arbeidstaker som har arbeidssted i Bergen, men som ofte reiser til Oslo for å delta i jobbmøter, salgsmøter etc. regne reisetid Bergen – Oslo – Bergen som arbeidstid, selv om dette medfører overtid og går ut over det som har vært ansett som arbeidstid. En kan her tenke seg at en drar til Oslo på morgenen med 7 flyet og tilbake med 18 flyet på ettermiddagen, en er da hjemme gjerne kl. 20.30. Iht. denne dommen har en da vært på arbeid i ca. 13 timer, selv om mange arbeidsgivere ’bare’ anser at en har hatt en alminnelig arbeidsdag i Oslo ettersom en har vært aktiv på bakken i Oslo i ca. en alminnelig arbeidsdag. Dommen sier at reisetid før og etter skal regnes som arbeidstid.

Vi ser at en slik oppfatning ofte er uvanlig i mange arbeidsforhold. Arbeidsgiver teller kun alminnelig arbeidsdag uten å regne reisen fullt ut som arbeidstid. Dommen fastslår at reisetiden skal telle med så lenge arbeidstaker ikke fullt ut disponerer tiden sin selv og kan gjøre som han vil. Å være på reise til eller fra møter skal anses som arbeidstid der arbeidstaker står til arbeidsgivers disposisjon.

Dommen vil ha stor betydning for hvordan en skal forstå hva alminnelig arbeidstid er, jfr. arbeidsmiljøloven § 10-4 og hva som skal regnes (og kompenseres) som overtid, jfr. arbeidsmiljøloven § 10-6. Oppfølging av dommen vil typisk være innenfor Arbeidstilsynets område da dommen skal være til ”Beskyttelse av arbeidstakernes helse og sikkerhet”.

Dommen er taus hva gjelder hvilken kompensasjon som skal ytes for dette, men i norsk rett har en i alminnelighet et visst antall timer en skal jobbe pr. uke eller måned, dvs. alminnelig arbeidstid. Arbeid ut over dette skal kompenseres iht. tariffavtale eller avtale.

Dersom du har spørsmål i forbindelse med arbeidsforhold ta kontakt med advokat Ørnulf Samdal på os@tsadv.no eller tlf +47 930 14 700.

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