A business trip is defined as an employee performing a work-related task outside the locality where the employer’s registered office is situated or outside the employee’s regular workplace (Article 775 of the Labor Code).
A business trip can be divided into three stages: the time spent traveling to and from the destination, the time spent performing work-related tasks at the destination, and the remaining time spent at the location of the trip. Each of these stages must be assessed separately in terms of whether they count as working time for the employee.
Performing the Task That Constitutes the Purpose of the Trip
Working time is defined as the period during which an employee remains at the employer’s disposal at the workplace or another location designated for performing work (Article 128 § 1 of the Labor Code). Therefore, it is unquestionable that the time spent performing work-related tasks at the destination is included in the employee’s working time. During this period, the employee remains at the employer’s disposal “at another location designated for performing work.”
Travel and Stay at the Destination
Doubts arise regarding the time spent traveling and the periods of stay at the destination when the employee is not performing assigned tasks. The regulations do not specify whether and to what extent such time should be included in working time.
This issue was resolved by the Supreme Court in its ruling of June 23, 2005 (II PK 265/04), in which it was held that time spent on necessary travel as part of a business trip, as well as periods of stay at the destination not dedicated to performing work tasks, do not constitute time spent at the employer’s disposal at a designated workplace (Article 128 § 1 of the Labor Code). Nevertheless, if these periods coincide with the employee’s regular working hours according to their schedule, they are counted toward the working time norm and cannot be deducted.
This means that:
- Time spent on necessary travel within a business trip and periods of stay at the destination where the employee performs assigned tasks are included in working time only to the extent that they overlap with the employee’s regular working hours according to their schedule.
- Time spent on a business trip outside the employee’s scheduled working hours is not included in their working time.
For example, if an employee works under a standard working time system from 9:00 AM to 5:00 PM and travels between 9:00 AM and 11:00 AM, the travel time must be included in their working time. The same journey taken between 6:00 AM and 9:00 AM is not included in working time, as it falls outside the employee’s “standard” working hours.
Transporting Other Employees
Travel within a business trip is not and should not be considered time for performing work. Employees should only perform work while traveling if they receive a direct instruction from the employer to complete specific tasks during that time.
A different situation applies to employees whose work assignment consists of transporting other employees. As stated by the Supreme Court in its resolution of April 4, 1979 (I PRN 30/79), “During a business trip, the time spent traveling to and from the assignment location is generally not considered working time and, therefore, does not entitle the employee to additional remuneration. However, if the sole purpose of the trip is to transport employees and an administrative employee is assigned additional driving duties outside of their normal working hours, then the travel time in this situation also constitutes working time.”
Minimum Rest Periods
Time spent on necessary travel as part of a business trip affects working time if it reduces the minimum daily rest period. An employee is entitled to at least 11 consecutive hours of rest per 24-hour period (Article 132 § 1 of the Labor Code). Therefore, if the return from a business trip occurs outside working hours, the employee should not begin work on the following day until they have had 11 uninterrupted hours of rest, starting from the time of return.
Start and End of a Business Trip
An employee begins a domestic business trip upon leaving the administrative boundaries of the locality where their workplace is located. If traveling using public transportation, the start of the trip is considered to be the departure of the train, bus, airplane, or the departure of a ship or ferry from port.
The duration of an international business trip is determined by the Regulation of the Minister of Labor and Social Policy. According to this regulation, the trip duration is measured as follows, depending on the mode of transportation:
- Land transportation – from the moment of crossing the national border on departure until crossing it again upon return.
- Air transportation – from the moment the airplane takes off from the last airport in the home country on departure until it lands at the first airport in the home country on return.
- Maritime transportation – from the moment the ship (or ferry) leaves the last domestic port on departure until it enters the first domestic port on return.
Mobile Employees
For mobile employees (e.g., sales representatives), travel often constitutes a significant part of their working time. To fulfill their professional duties, they must constantly move between locations. Their workplace is defined as a specific geographical area, and travel is an integral part of their job responsibilities.
Therefore, in accordance with the Supreme Court ruling of February 24, 2021 (III PSKP 4/21), the working time (Article 128 § 1 of the Labor Code) of an employee who performs their duties within a designated geographical area and must travel constantly to do so also includes time spent on necessary travel.
Summary
For stationary employees whose business trips are incidental, travel time within a business trip is not included in working time unless it coincides with their scheduled working hours.
Conversely, for mobile employees who travel within a designated geographical area as part of their contractual duties, travel time must be included in their working time.
