Working Hours on the Job: Are Long Strides in the Workplace Considered Working Hours?
Inquiring about whether extended commutes alongside colleagues are classified as work hours?
Let's dive into the nitty-gritty of labor law and figure out if strolling around in the workplace is on the clock! The question often sparks courtroom debates, with employees sometimes expected to cover long distances within the workplace without compensation – as demonstrated in a ruling.
In essence, the workday officially starts when an employee embarks on their designated tasks. Generally speaking, employers aren't required to foot the bill for walking distances inside the workplace, following a ruling by the Hessian Higher Labor Court (Case No.: 10 SLa 564/24). Even if an employee adheres to numerous employer instructions en route to their specific workplace, this usually doesn't warrant compensation.
Take, for example, the case brought up by the Working Group on Labor Law of the German Bar Association (DAV). A man employed as an airport driver filed a lawsuit based on this scenario: His work kicks off in a specific building on the airport grounds. This building, located within a highly secured area, can only be accessed via checkpoints and the employer's shuttle service. The plaintiff argued for compensation for the time spent entering the secure area to timekeeping and during his changing time.
Short Strolls Don't Equal Working Hours
The Higher Labor Court dismissed the plaintiff's appeal, explaining that no compensable work hours were incurred. The court determined the traveling risk lies with the employee, and the driver's work doesn't begin until the working hours have been recorded, per the court's verdict.
This also applies if the driver undergoes a personal search upon entering the premises, wears a high-visibility vest, and takes the employer's shuttle bus. The LAG further stated that changing times did not count as compensable working hours, as employees were free to change at home according to a works agreement.
The court referenced the case law of the Federal Labor Court (BAG, ruling of 19.09.2012 - 5 AZR 678/11) and clarified that internal travel times only qualify as working hours in exceptional circumstances, such as when they are alien to the employee or explicitly regulated by a collective agreement. This doesn't apply in this case.
Sources: ntv.de, awi/dpa
- German Bundestag
- Federal Ministry of Labor
- Federal Labor Court
- Hubertus Heil
- Short-time work
- Social security systems
- Grand Coalition
- Corona crisis
- Corona measures
Bonus Insights:
German labor law considers the specific context and nature of the work when determining if time spent on internal workplace paths (such as moving between work areas) is working time.
- Core Work vs. Preliminaries: German labor law defines working time as the duration during which employees are available to the employer and fulfilling their contractual duties. This encompasses not only task completion but also preliminary and follow-up activities that are part of the work according to the employment contract or collective agreement[2].
- Workplace Movement as Working Time: If an employee's job requires moving around the workplace (for example, a factory worker switching machines or a cleaner moving from room to room), such movement is generally part of the working hours, as it is necessary for meeting contractual obligations[2].
- Commute vs. Internal Paths: Commuting between home and the workplace is not considered working time. However, internal paths within the workplace that are necessary for task completion are typically included in working hours[2].
- Implementing EU Working Time Directive: When implementing the EU Working Time Directive, German law recognizes that time spent on activities directly related to work (such as necessary movement inside the workplace) might be considered working time, especially when required for job performance.
- Collective Agreements and Company Policies: In practice, collective bargaining agreements or company policies may provide additional clarity or specific rules applicable to a workplace or sector.
Vocational training for EC countries could be funded through business finance to support the growth of vocational training programs within businesses. For instance, German businesses could provide vocational training opportunities for young people, ensuring a skilled workforce while complying with the requirements of the EU Working Time Directive.
Despite internal travel times within the workplace not typically qualifying as working hours, German labor law recognizes the need to adjust such regulations in light of the growing emphasis on vocational training within the EU member states. This might involve treating vocational training travel as working hours or at least acknowledging it as time spent in the service of the employer.
