Working hours
"Getting to the construction site is your problem."
The company sends you to changing sites and does not count the travel time as working time.
BAG 17.10.2018 – 5 AZR 553/17
It depends …
Journey to the first workplace = private matter. Changing sites = working time!
The journey from home to the first regular workplace (e.g. the company) is a private matter. But: if the employer sends you directly to changing sites (customer, construction site, branch), the travel time is working time and subject to remuneration (Federal Labour Court 17.10.2018). Even if you transport tools/material or car-pooling is ordered by the employer, the journey counts as working time.
What the law says
Federal Labour Court 17.10.2018 – 5 AZR 553/17
Journeys to external workplaces are part of the contractually owed work, unless it is the first regular workplace.
§ 2 ArbZG – Definitions
Working time is the time from the start to the end of work, excluding rest breaks.
What you can do
- A direct journey to the customer/construction site from home = working time (Federal Labour Court).
- Picking up tools at the company → the working day starts there, not at the customer.
- Note departure and arrival per site.
- The training contract may contain a flat-rate rule — but it may not fall below the Federal Labour Court standard.
Email template for your trainer
Subject: Remuneration of travel time to external sites
Dear [name of trainer],
on [date/period] I was assigned to jobs at [customer / construction site / branch]. The travel time of [X hours in total] was not recorded as working time.
Under Federal Labour Court case law (17.10.2018 – 5 AZR 553/17), journeys to changing workplaces are to be regarded as working time and are subject to remuneration.
I kindly ask you to credit the travel time to my working-time account retroactively.
Kind regards
[Your name]
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