CJEU Rules Travel Time Is Working Time: What Does the Elie Radu Judgment Mean for Business?

09.11.2026

This time, the European Court of Justice (CJEU) has ruled that an employee’s travel time to and from a location designated by the employer other than their permanent place of work for the purpose of carrying out professional duties constitutes working time.

It is irrelevant whether the travel takes place outside standard working hours. It is equally irrelevant whether the employee performs additional duties during the journey (such as taking business phone calls).

Where Does This Actually Matter?

Consider a construction company employing a group of site engineers. In their employment contracts, they all have a single permanent place of work specified (e.g., an office in Łódź). Regardless of this, their duties include supervising construction projects scattered across Poland. They travel using company cars, often covering over 500 km one way.

The Question: How do you properly account for travel time outside regular working hours (for instance, when an employee who normally works from 9:00 AM to 5:00 PM hits the road at 6:00 AM and returns at 11:00 PM)?

Under the CJEU ruling, such an employee’s working time includes not only the standard 9:00 AM – 5:00 PM window, but also 6:00 AM – 9:00 AM and 5:00 PM – 11:00 PM.

The Court emphasized that:

“Such journeys must be regarded as inextricably linked to the employee’s duties and, as such, inherently connected to the exercise of their professional activity.”

— CJEU Judgment in Case C-420/24 (Elie Radu), October 22, 2026

New Legal Reality for Employers

This CJEU ruling reshapes established rules and working time accounting practices, creating immediate operational and legal challenges in employer employee relations.

We invite you to a free webinar for labor law practitioners and HR leaders, where we will translate this ruling into actionable business decisions. Tune in and learn:

  • What the CJEU precisely ruled: Why is travel to a location other than the permanent workplace considered working time? In what scenarios could the interpretation differ?
  • Risks and financial exposure: What are the consequences for organizations that fail to align their practices with the new standard?
  • Daily rest requirements: How do you address mandatory 11-hour daily rest period violations caused by early departures and late returns?
  • Implementation checklist: Step-by-step guidance on auditing business travel, updating internal workplace regulations, and modifying HR/payroll systems.

Grab a cup of coffee and get the most out of this session!

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