Kevin Oheix Sep 2, 2019:

"Lorsque le temps de déplacement professionnel pour se rendre sur le lieu d‘exécution du contrat de travail coïncide avec l’horaire de travail, le salarié ne doit subir aucune perte de salaire. Autrement dit, la part du temps de trajet incluse dans l’horaire de travail doit être payée comme du temps de travail, mais ne peut être considérée comme tel. Si les conditions sont remplies, cette règle du maintien de salaire peut se cumuler avec la contrepartie accordée pour le temps de déplacement inhabituel.

Ces temps de déplacement, qu’ils soient ou non compris dans l’horaire de travail et quelle que soit leur durée, ne peuvent pas être considérés comme du temps de travail effectif et n’ont donc pas être pris en compte pour le calcul des heures supplémentaires"
https://www.force-ouvriere.fr/temps-de-deplacement-professio...

B D Finch (asker) Sep 1, 2019:

@Francois This is about the working arrangements of a particular company, so your own past working arrangements are really not relevant here. Daryo's comments are correct, except that "temps de déplacement" seems to be the whole time period of the business trip (not just travel time, which is referred to as "temps de trajet")

Francois Boye Sep 1, 2019:

Then I don't understand Asker's sentence.

an employee travels be cause he/she was cleared by his/her employer. AS the result, there is no encroachment on the time dedicated to work.

When I was traveling as an economist, I was doing it as part of my job. So my employer did not see why I was not doing my job.

Daryo Sep 1, 2019:

... will be paid *salary* to be precise;

"travel time that encroaches upon the work schedule is paid as normal salary."

normally for all the time while "en déplacement" you would get various indemnities that are not a payment for work done, but compensation for additional costs caused by the trip. so the "payment for hours corresponding to normal office hours" would be only "salary" (on top / separately from various "indemnities" like paid transport, accommodation and per diem).

Another element to take into account - often what is called "travel time" would include ALL the time from getting out of your own front door to back home, or from the time you're out of the office to back in the office, i.e. not only time in train/plane. All this should be defined elsewhere in this document.

All that to say that "Le temps de déplacement" would most likely include any period during the business trip, even when not literally "travelling" but being stuck in another town having nothing to do a day or two for various reasons. All that can get rather complicated - I know of one "handbook" with pages and pages detailing rules about business trips!

B D Finch (asker) Sep 1, 2019:

@François & Daryo François is absolutely barking up the wrong tree. I completely agree with Dario's attempt to correct him. In any case, the place this relates to is not a mega city and it is not about everyday commuting!

Francois Boye Sep 1, 2019:

@ DAryo

You know that commuting time, as they say in the US, is getting problematic due to the massification of big cities all around the world.

So should late workers be penalized because the metro is late or traffic jams blocks the highways or the president's motorcade blocked downtown?

B D Finch (asker) Sep 1, 2019:

Clarification Perhaps I should have mentioned that in general, under this agreement, only 50% of travel time for business or training taking place outside the normal place of work is paid as working time. I have decided to use "travel time that encroaches upon the work schedule is paid as normal."

Ph_B (X) Sep 1, 2019:

entitlement to? I understand that any travel time taking place during working hours will be paid. To answer your question, I can’t see any mention of full or normal pay and so I wouldn't worry about that. If I had to translate this, I would write instead about the travelling person’s right/entitlement to their rémuneration, whatever the author may have meant by that word, during their travel time if their travelling takes place wholly or partly during their working hours. How about something like: “Any person travelling during their working hours will be entitled to their pay/salary/remuneration/whatever for that part of their travelling that takes place during their working hours”? Perhaps not the right words, but this seems to be along the right lines.

Daryo Sep 1, 2019:

@ Francois Boye You have obviously misunderstood what is "déplacement" in this text - or to use a concept that you seem to find extremely annoying - in this "context".

No one sane nor the more hardcore trade union would expect that someone should get paid their salary if they are still travelling from home to work when normal working hours have already started - that's called "being late for work".

HERE "déplacement" is an abbreviation for "être en déplacement professionnel".

Which is not your daily commute from home to the "normal" place of work, but being sent by your employer on a business trip, to work outside of the office, possibly in another town, if not another country or even another continent!

So if your boss has sent you on a business trip, and when during normal office hours you are still in a train or a plane, THEN you become entitled to get your normal pay as if you were present at your normal place of work.

And another mistake NOT to make: to assume that you can understand the system in one country by simply extrapolating what's happening in another country. UK laws and practices are not a reference to understand French laws.

Francois Boye Sep 1, 2019:

Should I be paid for travel time UK?

Do you have to pay your employees for their travel time to and from work? In short, NO. In the UK, travel time to and from a worker's home is excluded from 'working time' under the National Minimum Wage Regulations.5 févr. 2019

Daryo Aug 31, 2019:

without more context I would see this as an opposition between "paid time" and "unpaid time"

IOW this would simply mean "being paid as you would be if at work" - implicitly only the "normal" salary, as overtime is not the "default"; normal working hours are the "default" working time - time when you are supposed to be at work and being paid for it.

Or to put it in another way, what this rule says: if you are sent on a business trip, you get paid for your normal working hours even if at that time you are not working but travelling or just being out of your normal place of residence / work.

Or "if you come back from your business trip in the middle of the day, you still get paid as if you started your working day in the normal time" / "if you are sent on a trip in the middle of the day, you still get paid till the end of the normal working time"

Normally you would get all kind of "indemnities" simply for being out of your normal place of work and / or residence, but a "salary" or "fees" only for work done / time when working.

"preserving the right to be paid salary" while on business trip?
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