Under what circumstances are travel expenses reimbursed?
(Reimagined Perspective on) Office Hours: Commutes, Training, and Business Trips - Employee Insights
Do you spend an hour or more commuting to work each day, pondering if this time could be considered part of your workday? Or perhaps you're frequently on-the-go for your job, covering vast distances? In certain circumstances, commute time can be regarded as working hours. But when does this rule apply?
"The primary consideration is whether the commuting time falls under the employee's main responsibilities," explains legal specialist Alexander Bredereck. This is often the case for occupations such as long-haul truckers, construction workers, and field service personnel who work at various job sites.
For most employees with a fixed workplace, however, the commute to and from work, commonly referred to as travel time, is not considered working hours and is typically unpaid. But there are exemptions, Bredereck points out:
- If the employer assigns tasks during commute, that time is considered working hours and should be remunerated.
- If a specific mode of transport, like a company bus, must be used, work hours may commence upon boarding the vehicle. In such cases, commuting time is also compensated.
In such instances, commuting time might be compensated at a lower rate than regular hours. The specifics of this arrangement depend on the employment contract, an in-house policy, or a collective bargaining agreement. However, the minimum wage must always be paid, notes Bredereck.
Do Training and Business Trips Mark Your Working Hours?
If an employee elects to participate in training, it does not constitute regular working hours. On the other hand, if the employer mandates training, it is part of the workday.
As business trips are generally instigated by the employer, they are regarded as working hours. Travel time can pose challenges. For instance, while on a train, if you have the freedom to decide your activities, it's generally deemed personal time.
Conversely, if an employee composes a report for their employer about a client interaction during the train ride, that time is considered work hours.
- For individuals in roles such as sales representatives or consultants, who frequently attend client meetings or visits, business trips are an integral part of their employment, making these journeys count as working hours.
- If a company organizes a workshop or seminar for its employees to enhance their skills and technical knowledge, and an employee chooses to participate, although it's not considered regular working hours, the learning time could potentially be incorporated into their job descriptions, depending on the company's policies.
