The boss of a construction company had sent a technical staff on a construction site in China. The construction man from the Rhineland-Palatinate needed for the return flight four days. Because his employer wanted him to pay for per day just eight hours of working time, the employees before the court. Now, the Federal labour court gave him right.

In the decision of the Federal labour court judges, it says: “Sent to the employer of a worker temporarily abroad, either travelling to the foreign work, and to be paid back exclusively in the interest of the employer and are, therefore, a rule like work.” (5 AZR 553/17)

there are, in principle, the travel time, the seizures in the case of a flight in economy class, you applied as a time required to travel. However, the employees had in this specific case, instead of a direct flight in economy class, a business class flight from the administration book. Here, a stop-over in Dubai was provided, so the travel time was increased.

The employee wanted his employer paid him the entire trip, and not only eight hours per day, so he called for a compensation for 37 hours extra.


Whether or not the long travel time was justified, must check according to the Federal labour court, the regional labour court of Rhineland-Palatinate. There the case was referred back.