Work Trips Within the Workplace: Are They Unpaid?
Working hours extend beyond immediate physical proximity within a company.
Friend, here's the lowdown on working hours and long trips within the workplace, which can sometimes lead to heated disputes. You might wonder, "Do these trips count as work time?" Well, buckle up, because the answer isn't as clear-cut as you might think.
In general, working hours officially kick off when employees dive into their tasks as designated. Employers aren't usually required to compensate workers for long trips within the workplace, as a ruling by the Hessian Higher Labor Court (Case No.: 10 SLa 564/24) tells us. This applies even if an employee follows multiple employer instructions during these trips.
Let's consider an example. Say you're a driver for an airport operator, and your work begins in a specific building on the airport grounds where the time recording terminal is situated. This building is within a secured area accessible only via control points and the company's own shuttle service. You've demanded compensation for the time spent between entering the secure area and recording your work hours, as well as for your changing time.
Internal Trips Not Always Working Time
In this situation, the Higher Labor Court decided against your appeal. No compensable work time was granted. The risk of travel to work lies with the employee. Your work as a driver only begins after your work hours have been recorded, the court ruled.
This rule applies even if you must undergo a personal check upon entering the premises, wear a warning vest, and take a shuttle bus provided by the employer. According to the court, changing times do not qualify as compensable work hours as employees are generally free to change at home as per the works agreement.
The court references the case law of the Federal Labor Court (BAG, ruling of 19.09.2012 - 5 AZR 678/11) and explains that internal travel times only count as work hours if they are controlled by the employer or exceptionally regulated by a collective agreement. This was not the case here.
Sources: ntv.de, awi/dpa
A Quick Overview
- Work Time Definition: German law defines work time as the period during which an employee is available at the workplace or another location as required by the employer, and is carrying out or ready to carry out assigned tasks.
- Internal Trips: Travel within the workplace is usually considered work time, as the employee is serving the employer and not engaged in personal activities.
- Trips to Customers or External Locations: As previously determined by the Federal Labor Court, if an employee must travel to a customer site, the travel from the employer’s premises to the first customer and from the last customer back is considered work time and should be compensated.
- Differentiation from Commuting: Commuting (home to regular workplace) is not considered work time, but once an employee starts traveling for employer’s business, it becomes work time.
In summary, internal trips within the workplace or between employer premises required by the employer are generally considered work hours under German labor law. Travel between the employer’s premises and customers should be compensated following the Federal Labor Court's ruling[1].
[1] Federal Labor Court (Bundesarbeitsgericht) ruling, 19.09.2012 - 5 AZR 678/11.
EC countries may need to reconsider their policies on vocational training, given the recent ruling that long trips within a workplace are not typically considered compensable work time. This means businesses in these countries might have to cover less costs related to vocational training, as travel times are not included in the total work hours. For instance, during vocational training programs, trainees might have to travel regularly within a workplace or between workplaces, and these travel times are unlikely to be considered work hours, according to this ruling. Therefore, it might be beneficial for businesses to financially support vocational training programs even more so, since they now have fewer travel-related costs to compensate.
