D. Mobile worker
The distinction between mobile and non-mobile staff for the purpose of the application of the Working Time Directive was one of the aspects discussed in the preparation of Directive 2000/34/EC, which amended the 1993 Directive, and introduced therein (177). Under the 1993 Directive, doubts existed as to whether or not the exclusion of certain sectors had to be applied to all workers in these sectors or solely to those subject to specific mobility obligations (178). The amending Directive 2000/34/EC therefore aimed to establish certain specific provisions for mobile staff while guaranteeing that non-mobile staff in sectors with mobile workers would benefit from a working time organisation which complied with the general provisions. Therefore, the qualification as ‘mobile workers’ in the Working Time Directive is limited to workers who concurrently: are part of travelling or flying personnel; work for an undertaking operating transport services for passengers or goods; work in the road, air or inland waterway. The meaning of the term ‘mobile workers’ is specific to the Working Time Directive and is intrinsically linked to the ‘travelling or flying’ criterion. It aims to take into account the distinctive working conditions and particular features of the activities of the workers concerned (e.g. working and living at the workplace for certain periods, mainly as part of cross-border activities). This differs from mobile workers in the sense of posted, migrant or cross-border workers. It also means that not all workers ‘travelling’ or ‘flying’ would qualify as ‘mobile workers’. This definition in the Working Time Directive is linked to the derogation introduced by its Article 20 for mobile workers (see below under point IX.D.1). However, as indicated under point III.B.5 above, only mobile workers not covered by a specific transport legislation fall under the Directive and its derogations.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.