What does the EU ruling on commuting within working hours mean for you?
Last year, the ECJ ruled that employers must compensate employees for their commute to work in a company vehicle. What does it mean for workers in Germany?
In a recent decision by the European Court of Justice (ECJ) on October 9, 2025, it was ruled that employers must compensate employees for their commute time under certain circumstances. This ruling has implications for workers who do not have a fixed place of work, such as construction workers, delivery drivers, and those in technical customer service.
The ECJ determined that both the journey to work and the return journey should be considered as working time, as it did not grant employees free disposal of their time during the return journey.
The ruling applies to those without a fixed workplace, and it does not affect individuals commuting to an office or a factory. As for compensation, the amount employees should receive is determined by their work contract, collective agreements, and German labour law, not the ECJ ruling itself. Meanwhile, the minimum wage of 13.90 euros per hour, which will rise to 14.60 euros per hour in January 2027, still applies.
The deadline to claim backdated pay for the year 2023 is December 31, 2026. Once the deadline is reached, it is necessary to take action through an employment tribunal or obtain a court order for payment (Mahnbescheid) to receive the backdated pay. Simply informing the employer about the entitlement to backdated pay by December 31, 2026, is not sufficient.
Written by urgent.news from IamExpat Germany (All Germany News)'s reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
