The Working Time Act defines working time as the time between the beginning and the end of work, excluding rest breaks. Commencement occurs when employees begin contractually agreed work at the workplace designated by the employer. Breaks and rest periods do not count as working time.
However, it is not always easy to establish exactly when work will begin. Travel times, return times and change times often cause not only arguments, but also legal disputes. Furthermore, collective agreements may contain specific requirements that determine, for example, whether set-up times, changeover times or internal travel times must be paid.
When do working hours legally begin?
The Working Hours Act also answers the question of when to start. Paragraph 2 states that working hours begin when employees begin contractually agreed work at the workplace designated by the employer.
In other words, working hours begin when the employee begins the work specified in the contract. To do this, he must therefore be in the appropriate workplace. But things can get complicated again. If home office is permitted, working hours begin when employees begin their actual work. In other cases, the workplace itself describes the start of working hours, especially when preparation times occur.
Setup times: when working hours actually begin
Working time often does not start with the “actual work”, but rather with preparatory activities. These are the so-called set-up times. This includes all the actions necessary to be able to perform the work. Examples include putting on protective clothing, starting the computer, setting up the workplace, or preparing tools.
We’ve covered the topic of setup times in more detail here.
Travel times. when they count as working hours
Travel times are the times required to reach the workplace. Normally the journey to work, the journey from home to work and back, is not part of working hours. This time it’s your responsibility.
The situation is different in the case of field service and mobile work. If the work is aimed at visiting clients or different places, the travel counts as working time. The State Labor Court of Hesse (10 SLa 564/24) clarified: Travel to external workplaces is part of working time if the economic purpose of the activity is to visit these customers. This also corresponds to the line of the Federal Labor Court (31 March 2021 – 5 AZR 148/20).
In these cases travel times must be accounted for and compensated; this is especially important in field service.
Changing hours – when getting dressed is part of working hours
Times of change occur when employees need to change for work. This time is not always considered working time. If you voluntarily wear the uniforms or can wear them at home, employees should not expect any compensation for this.
It’s different when you change clothes required for operational reasons AND. The Federal Labor Court (5 AZR 678/11) decided: If it is necessary to wear special work or work clothes and this can only be done in the company, these change times also count as paid working hours. In this case, internal trips to the changing rooms will also have to be reimbursed if extra.
If the worker is free to put on and take off his clothes at home, he is not entitled to any compensation.
The same applies here too: Mandatory changeover times must be registered and paid for.
Case study: When do working hours start?
In spring 2024, the State Labor Court of Hesse (10 SLa 564/24) decided on a case affecting many employees of large factories or airports. An employee who worked as a driver at an airport location requested compensation for several times which he believed were within working hours. Specifically, this was the time between entering the security area and the actual start of the work: this included passing through several checkpoints, traveling by shuttle on site, registering at the terminal and changing clothes on site. The employee said: All this serves the company and therefore must be paid as working time.
But the court saw it differently. The Hesse LAG clarified: Travel times within the premiseseven if characterized by security checks and shuttles, they do not automatically fall within mandatory working hours. The reason: Although these paths are internal to the company, they do not directly serve the economic purpose of the company, but are simply necessary framework conditions. Going through security or using a shuttle does not fulfill a job duty in the employer’s best interest. Rather, it is a form of operational risk that the employee must bear personally.
Change clothes? Only if the company requests it
The change in timing was also part of the lawsuit – and again the employee received no rights. The court held: the uniform was neither particularly conspicuous nor mandatory, especially not for changing on the spot. The employee could have worn the clothing at home. Since there was no operational obligation to travel within the company, there was no activity for the benefit of third parties and therefore no working hours to be paid.
What about installation times?
Setup times, as preparatory activities such as setting up a workstation or preparing instruments, were not at issue at the heart of the controversy. However, it can be deduced from the ruling that even in this case the employee would have been entitled to remuneration only if the installation had to be carried out within the company and clearly serve the interests of the company.
When would the court have decided differently?
It becomes exciting when you consider under what circumstances the actor could have succeeded.
For example: If the employer had specifically requested that you change clothes at work, perhaps for hygienic reasons or because the clothing was particularly conspicuous. Then the time change would become working time. The same applies if the route through the construction site was inextricably linked to the work activity. For example, if the shuttle was not only a means of transport, but also a means of work (for example for the control of the territory or for the transport of material).
Digital recording of time creates clarity
Recording working time safely and legally accurately is a challenge, especially in complex cases such as set-up, travel or schedule changes. A digital solution like clockin supports this: with the app, employees can document their working hours easily and transparently – while on the move, in the office or in the factory. This not only saves time during post-processing, but also ensures reliable compliance with legal requirements.