Traveling expenses, working hours, travel times and remuneration: important rules for employees in archaeological professions

Abstract

Many colleagues who drive to field work in their own vehicle or in a vehicle provided by her employer are not aware that the time spent doing this is also working time to be remunerated by the employer. This also makes it necessary to take § 3 ArbZG (Working Hours Act) into account in order not to exceed the permissible number of working hours, also with the aim of health protection. Already in 2015, the Court of Justice of the European Union (ECJ) confirmed a corresponding judgment of the German Federal Labor Court (BAG) from 2009 based on the Working Time Directive 2003/88/EG. Although this judgement applies to field staff, it also directs the focus to business trips, their remuneration and the reimbursement of travel expenses. However, the legal situation, which is basically clear, has to be implemented into practice, e.g. through the establishment of a Works council, which is why some brief explanations on the subject should be given below.