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Traveling to the Client is Also Work – Landmark Ruling by the CJEU

The Court of Justice of the EU ruled that driving at the employer's request to a location other than the permanent office – even after hours – counts as working time. What does this change in Poland?

What Did the Court Rule?

Case C-420/24 – Sindicatul Drumarilor „Elie Radu"

  • Date of the ruling: October 22, 2026, Sixth Chamber of the CJEU
  • Asking court: Curtea de Apel Iași (Romania)
  • Facts of the case: The manager of a Romanian road company traveled about 1,500 km in 8 days, visiting construction sites at the employer's request. The employer did not pay for 31.5 hours spent traveling.
  • Decision: Driving at the employer's request to a location other than the permanent workplace constitutes working time under Article 2(1) of Directive 2003/88/EC – even when it occurs outside normal working hours.

Why Is This Landmark?

The previous CJEU ruling in case C-266/14 Tyco (2015) concerned employees without a permanent workplace (e.g., service technicians traveling from client to client). The new ruling C-420/24 extends this principle to employees who have a permanent workplace (office, workshop) but are regularly sent into the field.

An additional ruling C-110/24 STAS-IV v. VAERSA (October 9, 2025, Spain) confirmed that travel time in a company vehicle at the employer's request counts as working time – for both drivers and passengers.

Current Position in Polish Law

In Poland, according to the prevailing case law of the Supreme Court (ruling of June 23, 2005, II PK 265/04), a different principle applied:

SituationPreviously in PolandAfter the CJEU Ruling
Driving during working hoursWorking timeWorking time
Driving after hours at the employer's requestNOT working timeYES – working time (new argument)
Daily commute to the officeNOT working timeNOT working time (no change)

What Changes and What Does Not

What Changes

  • Polish courts must interpret national law in accordance with EU law (principle of pro-EU interpretation)
  • Employees regularly sent into the field have a new legal argument when claiming overtime
  • Claims for overtime can go back 3 years (Article 291 § 1 of the Labor Code)

What Does NOT Change

  • The Labor Code has not been amended – no provisions have been revised
  • Daily commute from home to the permanent office – still NOT working time
  • The ruling concerns regular trips at the employer's request, not one-time assignments
  • The CJEU did not rule on overtime directly – the second question (about the 48-hour work week) was deemed inadmissible
Important Note: The CJEU ruling states that travel time is "working time" under the working time directive. Whether this automatically generates the right to overtime pay under Polish law – is an open legal question that will be resolved by Polish courts.

Who Is Affected?

Employees under an employment contract who have a permanent workplace (office, workshop, headquarters) but are regularly sent to other locations:

  • Service technicians, installers, assemblers
  • Construction managers visiting construction sites
  • Sales representatives visiting clients in the field
  • Auditors, inspectors

Not affected:

  • Self-employed individuals (B2B)
  • Individuals who chose mobile/remote work themselves
  • Daily commutes to the permanent office

Position of the Ministry of Labor

As of November 10, 2026, no official position has been found from the Ministry of Family, Labor and Social Policy regarding ruling C-420/24. The Petitions Committee of the Sejm has requested an analysis from the ministry – the response is not yet public. A previous interpretation by the MRiPS from February 16, 2023, indicated that each case requires individual assessment.

What to Do Now? (for Employers)

  1. List those who regularly travel to clients, installations, or construction sites
  2. Plan trips so that travel occurs within working hours
  3. If not possible – record it in the records as working time
  4. Consider consulting a labor law attorney regarding this ruling

Official sources

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