Walking Around Company Grounds: Is it Work Time?
Lengthy commutes not included in calculating work hours
Let's get real, pal. You might think it's a walk in the park, but those long strolls on the company premises don't necessarily equate to paid work time, according to the Hessian Labour Court (Case Ref: 10 SLa 564/24). This goes for even if your boss gives you a litany of demands before you reach your designated workspace.
A recent case in point, taken up by the Association of Labour Law in the German Bar Association (DAV), involves a dude who works as an airport driver. His day starts at a specific building on the airport grounds where a time recording terminal is located, within a secure area accessed via control points and the company's own shuttle service. Guess who bears the travel risk up to that point, mate? You've got it—the employee.
This driver fellow argued he should be paid for the time from entering the security area to time recording, and for his changing times. Too bad for him, the Labour Court of Hesse shot down his claim. Working time remuneration wasn't a thing here, the court ruled, because the driver's work didn't officially start until the working time was recorded.
Even if the driver had to undergo personal check-ins, wear high-visibility vests, and hop on the company's shuttle bus, that's all part of the job, the court said. And when it comes to changing times, those aren't part of the paid working time, according to the court, since employees are free to change clothes at home, provided by a works agreement.
The court references the Federal Labour Court's case law (BAG, judgment of 19.09.2012 - 5 AZR 678/11) and clarifies that internal travel times are only considered work time if they are explicitly regulated by a collective agreement or fall under exceptional circumstances. Neither of those conditions is met in this particular case.
Now since this Hessian Labour Court ruling doesn't go into the nitty-gritty of internal travel times being considered work time, it's essential to consult German labor law resources or legal experts for precise information about their rules or specific regulations.
Pro tip: collective agreements and foreign travel might just play a role in squeezing travel time into working hours. And keep in mind that some industries or companies might have their unique rules due to job requirements. To stay on the right side of the law, it's always best to consult official German labor law sources or legal experts familiar with regional court decisions. Just remember, knowledge is power, so stay wise, mate! 🤘🏻💥🤘🏻
While strolling on company premises might not be considered as paid work time, sports activities during lunch hours could potentially be included if they are part of a company's organized events or policies. However, it's always important to clarify with HR or legal experts to ensure compliance with German labor laws and any specific regulations that might apply.
