10 % off 2026 stays from 7 nights – Code: SMARTBIRD
Business trip as working time?
March 26, 2025
Anyone going on a business trip has probably asked themselves what is included in working time. Does the travel time already count as working time? Or how should this be understood? Here is the most important information on this topic.
What is a business trip?
A business trip or work trip refers to all travel activities for professional reasons. This includes trips to meetings with customers and suppliers, trips to colleagues at other company locations, exhibitions and trade fairs. It also includes trips to seminars, conferences and professional events.
However, a business trip is not the same as a business trip or commute.
A business trip describes the situation when you spend hours at a customer appointment in another part of the city. Although you also have to leave the office for this, it is far from being a business trip. However, as always, the individual case must be considered. A business trip within Berlin is much more time-consuming than a business trip within Bonn.
The commute to work, on the other hand, describes the actual journey to work that many commuters take in their free time. The daily commute to work can take several hours, but is not considered working time or even a business trip. However, you should know that you are insured for the journey to work. At least as long as you don’t take a detour for private reasons. After all.
Can travel time be booked as working time?
A recent court ruling on this issue says: Yes, travel time is considered working time and must be remunerated. This was the finding of the Federal Labor Court, which examined the case of a construction company employee who was sent to China for a business trip. The employer charged him 8 hours per day of travel, but the employee reported 40 hours for the outward and return journey. He must now be paid for these hours.
However, this ruling is not applicable to every industry or every individual case. This is because we first have to wait for an explanation from the court. Until this is available, the current legal situation on this topic will be examined. What rules apply so far?
Does the journey to the business trip already count as working time?
In principle, yes, even if the employee is not working during this time. If they have to take the train or a cab to start their business trip, this is where working time begins. The whole thing becomes more complicated in companies with flexitime models with a core working time of approx. 4 hours.
Time recording for business trips must be looked up directly in the company agreement.
For sales representatives whose work consists of traveling, traveling is part of their regular work duties and is remunerated accordingly. The situation is different for an employee who, for example, has to attend an appointment in Munich on Monday morning and travels from Berlin on Sunday to do so. There is no regular work on Sunday, which is why this trip can only be remunerated if the boss has explicitly ordered work during the trip. This may consist of writing and answering emails, for example. If the same employee travels back from Munich to Berlin on Monday evening and answers work emails on the train again, albeit without an order from the boss, this is done on a voluntary basis and is therefore not remunerated. Unless the boss subsequently approves these hours, in which case overtime may be recorded.
Please note: Before going on a business trip, find out how the company you are working for remunerates working time and what is considered working time during a business trip.
When is travel time also working time?
In principle, the travel time
- whether on the train,
- by car or
- the ferry
as working time if you are traveling on business during your regular working hours. Even if the employee uses this time to take a nap.
If the supervisor orders the employee to use their own car to drive to a customer, for example, this also counts as working time. However, caution is again required here: If you decide to drive your car without your supervisor having expressly requested it, the journey does not count as working time. The same applies to the co-driver. They are not allowed to record overtime if the journey does not take place during regular working hours.
Whereas you can be quite sure that travel time is considered working time: if you work as a truck driver or similar. This also includes tour guides.
Working hours and free time on site
If you have to travel for work, you naturally want to make the most of your stay and experience something in addition to the obligatory appointments. And that’s perfectly fine as long as it doesn’t interfere with work.
The employee should not exceed 8 hours working time during the business trip. In exceptional cases, 10 hours are possible, but break times must be allowed.
The employee must have at least 11 hours’ rest at the end of the working day.
And what about the weekend? Can you also work on Sundays during a business trip? In principle, yes, but according to §11 ArbZG you are entitled to a substitute day off within the next two weeks. As a rule of thumb, at least 15 Sundays per year must remain work-free.
Exceptions: This Sunday rule does not apply to hospitals, restaurants, pilots, captains and bus drivers.
The most important information at a glance:
A business trip is considered a business trip if it involves covering a certain distance.
The Working Hours Act must be observed.
Travel time is always considered working time if the supervisor orders the driving of a vehicle or if tasks have to be performed during transportation by means of a vehicle.
During the trip, everything that is spent on business matters is considered working time. Everything else falls under rest time.
Employment and collective agreements regulate compensation during a business trip. Not everything that counts as working time must be remunerated separately. Before going on a business trip, you need to find out about your individual case.
Employees and employers should make agreements on business trips as clear as possible so that you don’t end up in front of a specialist employment lawyer.
