Long Trips at Work: Do They Count as Work Hours, According to the Courts?
Are extended trips with colleagues considered part of your working hours?
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Caught in a battle over work hours and long trips in the workplace? This issue has led to disputes in court on numerous occasions, with rulings that may surprise you.
In principle, a workday is deemed to have started when the employee engages in work-related activities. Generally speaking, employers are not obligated to compensate for long trips in the company premises, as confirmed in a ruling by the Hessian Higher Labor Court (Case No.: 10 SaL 564/24). This even applies if an employee adheres to multiple employer instructions during their internal travel.
Take, for example, a case from the Working Group on Labor Law of the German Bar Association (DAV), where a driver employed by an airport operator filed a lawsuit. This driver was required to enter a specific building on the airport grounds, where his time-recording terminal was located. This building was located in a highly secure area, only accessible via control points and utilizing the company's shuttle service.
The driver demanded compensation for the time spent from entering the secure area until time recording, as well as for his changing times. Yet, the Higher Labor Court dismissed his appeal. There was no compensable working time, the court ruled. The driver's "travel risk to work" was deemed to fall upon the employee. The driver's work duties as a driver only began after time recording, as per the court's ruling.
This ruling also applies if the driver must undergo a personal inspection upon entering the premises, wear a high-visibility vest, and travel on a shuttle bus provided by the employer. According to the court, changing times do not qualify as compensable working hours, as employees have the freedom to change clothes at home, according to a works agreement.
The court referenced the case law of the Federal Labor Court (BAG, ruling of September 19, 2012 - 5 AZR 678/11) and clarified that internal travel times are considered working hours only when they are alien to the employee or exceptionally regulated by a collective agreement. In this case, this is not applicable.
(Data from ntv.de, awi/dpa)
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