An opinion by the ECJ's advocate-general suggests that non-mobile workers in the transport sector are also exempt from the Working Time Directive.
The employer in the UK test case of Bowden versus Tuffnels Parcels Express argued that all workers in the transport sector - both mobile and non-mobile - are exempt from the Working Time Regulations. These regulations give workers the right to four weeks' paid annual leave and impose restrictions on average weekly working time.
The UK test case was referred to the European Court of Justice by the UK Employment Appeal Tribunal.
Christopher Mordue, a partner at law firm Pinsent Curtis Biddle explained, "Rulings on cases normally go in favour of the advocate-general's opinion. Transport employers will welcome this opinion. "
The working time regulations introduced in October 1998 excluded sectors of activity such as transport, sea-fishing, other work at sea and activities of doctors in training.
The final European Court of Justice ruling in this case is expected later this year.