Long distances in the company are not part of working hours

Basically, working hours only begin when employees take on their work as intended. A judgment by the Hessian State Labor Court (file number: 10 SLA 564/24) shows long distances on the company premises. This applies even if an employee has to follow many requirements of the employer on the way to his specific job.

In the case that the working group of labor law refers to in the German Lawyers’ Association (DAV), a man who is employed by the operator of an airport as a driver.

The driver’s activity begins in a certain building on the airport site where the time recording terminal is located. This is within a particularly secure area that can only be reached via control points and using an in -house shuttle service. The plaintiff asked to be remunerated for the time from entering the security area to time recording and for his changing time.

Internal ways do not automatically count as working hours

The State Labor Court rejected the plaintiff’s appeal. There is no working time subject to remuneration. The so -called risk of path towards work lies with the employee. His work as a driver will only be started after working time recording has been pressed, the court said.

This also applies if the driver has to undergo a person check when entering the area, wear a warning vest and take a shuttle bus from the employer. According to the LAG, the changing times are also not part of working hours subject to remuneration, since according to a company agreement, employees are already released to change at home.

In the judgment, the court refers to the case law of the Federal Labor Court (BAG, judgment of 19.09.2012 – 5 AZR 678/11) and made it clear that internal travel times are only considered to be working hours if they are externally or were regulated in exceptional collective agreements. That is not the case here.