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ECJ: Travel time under employer's instructions is working time – also for passengers.
Expert article in labor law
ECJ: Travel times according to the employer's specifications are considered working time – also for passengers.
The European Court of Justice has clarified that travel time fully organized by the employer is considered working time. This also applies to employees who are merely passengers. This ruling has significant implications for working time law and its practical application in companies.
Background of the case: The employer organizes the journeys independently.
In this particular case, employees of a Spanish company worked at different locations on a daily basis. To get there, they first traveled to a base designated by the employer, where they received a company vehicle and equipment, and were then driven as a team to their respective work sites.
The employer determined the departure times, routes, vehicles, and return times. Despite these strict organizational requirements, travel time was not defined as working time according to the employment contract.
ECJ: Working time criteria are clearly met
The ECJ ruled in its judgment of 09.10.2025 (Case C-110/24) that such journeys must be considered working time.
During the journey, the employees were completely subordinate to the employer's instructions and had no opportunity to manage their time independently. The work was integrated into the employer's organizational processes, thus fulfilling all the criteria of the European Working Time Directive.
External control and the lack of freedom of choice are central arguments.
Crucially, the employees had no influence on the route, time, or means of transport. They could neither pursue private interests nor determine the course of their journeys themselves. As a result, travel time was inextricably linked to work performance. The ECJ emphasized that working time exists whenever employees cannot move freely or use their time independently.
Significance for workers without a permanent job
The court referred to previous rulings stating that, in the case of field service or activities without a fixed workplace, the journey to the customer can already be considered working time.
In this case, the employees were on behalf of the employer during the journey, since the place of work cannot be limited solely to the physical location of the activity. The work begins with the start of the journey organized by the employer.
In this case, the employees were on behalf of the employer during the journey, since the place of work cannot be limited solely to the physical location of the activity. The work begins with the start of the journey organized by the employer.
Working time is not necessarily subject to remuneration.
It is important to note that even if a period is classified as working time under labor law, this does not necessarily entail an obligation to pay remuneration.
Whether travel time must be compensated depends on the applicable collective bargaining agreement, employment contract, or legal regulations. It is permissible to compensate travel time at a lower rate, as long as the minimum wage is still met overall. There are significant differences between labor law and wage law in this regard.
Consequences for German employers and their business processes
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Frequently asked questions about working hours for travel and carpooling
Travel time is considered working time if employees are subject to the employer's right to give instructions during this time and cannot freely organize their time.
Yes. According to the ECJ, passive passenger time also counts as working time if the employer completely dictates the journey, time, route and organization.
Working time exists when employees are active, available to the employer, and cannot use their time freely. All criteria must be met cumulatively.
Comprehensive authority to give instructions is crucial. The more externally determined the time, place, and process are, the more likely it is that this constitutes working time.
The ruling expressly applies to employees traveling along, provided they are fully integrated into the workflow during the journey.
No. Not every journey is working time. The decisive factor is the degree of external control and whether employees can freely dispose of their time during that time.
No. Working time law and remuneration law are separate matters. Whether travel time is paid depends on the employment contract, collective agreement, or legal regulations.
For employees without a fixed place of work, the journey to the place of work, organized by the employer, can already be considered the start of working time.
Rest periods under the Working Time Act only begin once the journey relevant to working time has ended. Delays can extend the daily working time.
Employers must take travel times under their control into account when calculating working time and review operational processes and duty rosters accordingly.
