ECJ ruling: When a nap on the train becomes working time
Drinking beer on a plane, sleeping on a train—and still on the clock? The European Court of Justice has ruled that travel time on business trips can count as working time. For companies and employees in Austria, this could prove costly—or work to their advantage.
Vienna, April 21, 2026. The European Court of Justice has issued a ruling that could turn working time law on its head throughout the EU. Travel time during business trips—whether by train, plane, or car—may be considered working time under certain circumstances. What may sound like a minor detail at first glance has the potential to redefine millions of employment relationships.
The specific case involved an employee who had to travel regularly to remote work locations. The question was: Do his working hours begin only upon arrival at the destination, or as soon as he boards the train? The European Court of Justice clarified that the decisive factor is whether the employee is at the employer’s disposal during the trip 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 the trip, the more likely it is that the time constitutes working time within the meaning of the EU Working Time Directive. The court emphasized: The mere fact that someone can sleep or read a book on the train does not automatically make that time leisure time if the employee is generally required to be available.
Impact on Austrian Companies
The ruling has direct implications for Austria. Thousands of employees—from technicians to consultants to sales representatives—spend hundreds of hours each year on business trips. Until now, it has been standard practice in many industries to compensate employees only for the actual time worked at the assignment location.
The Chamber of Commerce has expressed concern. According to initial reactions from Vienna, counting travel time in full as working time would significantly increase personnel costs. 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: Anyone who is on the road for their 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 anticipate a wave of case-by-case rulings in national courts. In Austria, the Supreme Court will likely have to issue landmark rulings. Until then, uncertainty prevails for both employers and employees.
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.