Construction site travel as working time: When do you get paid?

Many tradespeople wonder when traveling to the construction site: Is the journey compensated as working time? An expert explains the legal situation.

Construction workers are rarely at the company premises; instead, they have to travel to construction sites to perform their work. However, the travel time to and from the construction site is not always counted as working time . Expert Meike Seghorn explains the applicable regulations.

Example: Framework collective agreement for roofers

Construction industry collective bargaining agreements regulate not only remuneration but also the working conditions of employees in the construction sector. Which regulations apply, when, and to whom depends on the trade and the specific situation. Section 5 of the framework collective agreement for roofers, for example, contains the following provisions:

1. Employer and works council together Start and end of daily working hours (including rest breaks).
   
   
2. The Working hours begins and ends at the place of workThe place of business is considered to be the place of work if the employee Material loading or unloading or receiving work instructions; otherwise, working hours begin and end at the construction site.
   
   
3. If employees meet at an agreed Collect meeting pointto go from there together To travel to the construction site in a vehicle provided by the employer, the Driver Claim to his Hourly wages for the duration of the journey.
   
   
4. At construction sites with bigger spatial extent, working hours begin and end at a time determined jointly by the employer and the works council or, in the absence of a works council, by mutual agreement with the employee Collection point within the construction site.

Practical implementation of the roofers' collective agreement

If an employee travels directly to the construction site , the travel time does not need to be compensated . If employees first load materials at the company premises , the travel time is considered working time and must be paid. For shared travel from a meeting point, only the driver 's time is compensated.

Many companies agree on their own fixed arrangements with their employees . These might stipulate, for example, that either the return trip or the trip to the construction site is paid for . For construction sites located far away, special arrangements may apply, such as the employee covering the cost of one hour of travel time, while the employer covers the rest.

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Provided this is clearly and, above all, in writing agreed upon with the employees , almost anything is permitted. But be careful: the employees must not ultimately be worse off than stipulated by law or the collective bargaining agreement.

Travel time compensation according to BRTV

For companies in the main construction industry, there are special regulations regarding travel time compensation , which are stipulated in Section 5 of the Federal Framework Collective Agreement for the Construction Industry (BRTV-Baugewerbe ) for blue-collar workers. The BRTV was concluded by the collective bargaining parties and declared generally binding by the Federal Ministry of Labor . Therefore, it also applies to employees not covered by the collective agreement.

The BRTV (Collective Bargaining Agreement for the Construction Industry) distinguishes between construction sites with and without daily commutes. Travel time is not considered working time and is therefore not paid. However, if the construction site is up to 50 kilometers from the company premises, the employer pays an additional seven euros for daily commutes. For distances between 51 and 75 kilometers, the payment is eight euros, and for distances over 75 kilometers, it is nine euros.

For construction sites without a daily commute, the BRTV (Collective Bargaining Agreement for the Construction Industry) provides for compensation based on the distance between the construction site and the company. Instead, the employee receives a flat rate for travel to construction sites without a daily commute.

• which are 76 kilometers to 200 kilometers away from the company 9 euros,
• for 201 kilometers to 300 kilometers 18 euros,
• for 301 kilometers to 400 kilometers 27 euros and
• from 401 kilometers 39 euros

for each individual route. Read more > here!

Practical tip in the shortage of skilled workers

In times of skilled labor shortages , unpaid working hours are being intensely debated. Companies can score points with applicants if they compensate these hours as an additional benefit . Companies that strictly adhere to collective bargaining agreements are often considered outdated.

Business economist Meike Seghorn advises: " If you are considering paying for previously unpaid travel time in the future , calculate the costs precisely. Have your employees record their travel time separately over a three-month period (if your time tracking system doesn't already provide this analysis). Multiplying this by your company's average wage will give you the additional costs. If you also know the productive hours for the same period, you can then determine by how much your gross profit per hour needs to increase to recoup the additional costs."

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

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