ECJ Ruling Travel to and from the construction site counts as working time

The ruling by the European Court of Justice (ECJ) once again reinforces a worker-friendly definition of working time and is beneficial for employees who, for example, must travel to various work sites as installers or service technicians. For mobile workers, necessary travel time—including the return trip—counts as working time.

The ECJ had to rule on the following scenario: Employees of a Spanish company drive from home to a designated base and from there to their work site. The ECJ held that, starting from the base, the employees are “at the employer’s disposal.” The onward travel is conducted in a company vehicle. 

In its ruling of October 9, 2025 (C‑110/24), the European Court of Justice held that travel time for mobile workers counts as full working time if they do not have a fixed workplace and the trips are a necessary part of the organization of work. The decisive factor here is that employees are at the employer’s disposal during the trip and cannot freely dispose of their time. Both trips to and from varying work locations thus count in full as working time—regardless of whether the employee is driving or merely riding along.

Also Relevant for Maximum Working Hours

Travel time must therefore be included in the calculation of daily maximum working hours, as well as in the calculation of required rest periods. This can lead to limits being exceeded more quickly, particularly in cases of long commutes. The ECJ’s ruling also provides clarity for colleagues riding along in a car. For them, too, the trip is to be considered working time. The ruling is of particular importance for employees in the construction, skilled trades, field service, technical service, and security sectors.

By the way: The usual commute from home to a fixed place of business and back to home does not count as working time. This is considered personal travel time.

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