Johanna Tormählen Ein einheitlicher Arbeitszeitbegriff und seine Anwendung auf Fahr- und Reisezeiten

About this book

The regulation of working time is fundamental to every employment relationship. However, there is no uniform definition of the term under current law. Case law and much of the literature have so far relied on different definitions of working time within the contexts of protection law, remuneration law, and works constitution law, which in practice sometimes leads to considerable demarcation problems and contradictory results. These divergences are commonly justified by reference to differing regulatory objectives – in particular, employee protection in protection law, which is said to conflict with the principle of contractual freedom in remuneration law.

This dissertation addresses this area of tension and, on the basis of a systematic analysis of both the national and the Union law concepts of working time, critically questions the existing differentiation and exposes its dogmatic shortcomings. Building on this, a uniform concept of working time is developed that enables practical and consistent application across different areas of law. Where the application of a uniform concept of working time leads to tensions with applicable occupational health and safety regulations, existing solutions are presented.

Another focus is on the classification of driving and travel times under working time law, a highly relevant and hitherto controversial topic in practice. In addition, the special circumstances surrounding the classification of truck co-drivers and teachers accompaniying school trips under working time law are examined. The application of the developed uniform concept of working time opens up new perspectives for a consistent and legally secure assessment of these times. The work is addressed equally to academia and legal pracitce and makes a fundamental contribution to the further development of working time law.