ECJ ruling: When a nap on the train becomes working time
Vienna, April 21, 2026 — The European Court of Justice has made a decision that could turn working time law upside down across the EU. Travel time during business trips – whether by train, plane, or car – can be considered working time under certain circumstances. What sounds like a minor detail at first glance has the potential to redefine millions of employment relationships.
In this specific case, it concerned an employee who regularly had to travel to external work locations. The question was: does his working time start at the destination, or when he boards the train? The ECJ clarified: The decisive factor is whether the employee is at the employer's disposal during the journey and cannot freely dispose of his time.
The Court's criteria
The Luxembourg judges defined several factors that are decisive in the assessment. Can the employee work while driving, answer emails, or must they be reachable? Is the route dictated by the employer? Does the employee have discretion over the time and method of travel?
The less autonomy an employee has during travel, the more likely it is to be considered working time under the EU Working Time Directive. The court emphasized: the mere fact that someone can sleep or read a book on a train does not automatically make the time leisure time – if the fundamental obligation to be at the employer's disposal exists.
Impact on Austrian Companies
For Austria, the ruling has immediate relevance. Thousands of employees - from technicians and consultants to sales staff - spend hundreds of hours on business trips every year. Previously, the practice in many industries was to only compensate for the pure working hours at the destination.
The Chamber of Commerce expresses concern. A full crediting of travel time as working time would significantly increase personnel costs, according to initial reactions from Vienna. Export-oriented companies and the service sector would be particularly affected. The Chamber of Labor, on the other hand, welcomes the ruling as a long overdue clarification: Whoever is on the road for the employer is working – period.
Open questions and gray areas
The ECJ ruling brings clarity to the principles but leaves room for interpretation in specific implementation. What applies when employees can choose their travel time freely? What about air travel with layovers? And: Does waiting time at the airport also count?
Labor law experts expect a wave of individual case decisions in national courts. In Austria, the Supreme Court will likely have to make landmark rulings. Until then, uncertainty prevails—for employers and employees alike.
What's clear is that companies will have to revise their business travel policies. Some may try to reduce travel or switch to video conferences. Others will adjust compensation models. The era of flat-rate per diems without real time tracking may be over.
The Two Sides of Power
The ruling exemplifies the tension between economic efficiency and employee rights. Companies fear rising costs and bureaucratic overhead. Employees see an opportunity for fair compensation for time they cannot spend at their own discretion. Who ultimately benefits depends on how legislators and courts translate the guidelines from Luxembourg into national law. YANUS will continue to monitor developments in Austria.
