In a recent ruling, the Federal Labour Court in Germany held that body cleaning times, as well as travel and changing times, can be counted as remunerable working hours under certain circumstances. The decisive criterion here is the ‘benefit to others’ of body cleaning.
The ruling was based on the case of a container mechanic whose job duties included sanding down and repairing rusty and damaged areas on containers. He used the work clothes provided by his employer, which he put on at the workplace and returned there for cleaning at the end of the working day. The container mechanic also showered or washed after work. The employer instructed its employees not to record changing and cleaning times in the time recording terminal. In his lawsuit, the plaintiff claimed additional compensation for these travel, changing and cleaning times.
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Decision: changing, travel and showering times can be remunerable working hours
The Federal Labour Court confirmed that changing, travel and showering times can count as remunerable working hours. To be classified as such, it is of key importance that these activities are inextricably linked to the actual work duties.
The Federal Labour Court had already established these principles for changing and travel times, and this case law also forms the relevant starting point with regard to showering time. A claim to remuneration with regard to body cleansing will only be upheld if this is directly related to the actual work duties and the manner in which it is carried out.
In this respect, according to the Court, the decisive factor is whether the activity in question (i.e. body cleansing in this case) is for the benefit of another – in particular the employer – and can therefore be classified as work. This is the case if showering serves exclusively to satisfy the employer’s need.
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Body cleaning exclusively in the interest of others?
But when is personal hygiene carried out exclusively in the interest of the employer or other parties?
Such a direct connection can be assumed if the employer expressly orders the body to be cleaned. A direct connection also clearly exists if mandatory occupational health and safety regulations require it. This is the case, for example, if the employee comes into contact with substances that are hazardous to health or contaminated objects in the course of his or her work.
However, according to the Labour Court, the time required for body cleaning is also considered part of the working time that is subject to remuneration if employees become so dirty during work that they cannot reasonably be expected to put on their private clothes, leave the company and go home without first showering or bathing at work.
Accordingly, the complete cleaning of the body in the form of a shower can only be considered to be for the benefit of others if, when viewed in an objective manner, work performance without a subsequent shower does not seem possible or reasonable. If, on the other hand, the work performance simply results in the usual contamination, sweat and body odor, the subsequent cleaning serves solely to meet private needs. In such cases, there is no obligation to pay remuneration for cleaning times.
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Takeaway for Employers
The Federal Labour Court has now ruled that personal cleaning times can count as working hours that are subject to remuneration. The decisive factor here is whether the work is for the benefit of another person. Employers are advised to check their internal processes and the work-related activities of their employees to see whether and how these are related to their work. If these other activities are for the benefit of the employer rather than the employee, they must be remunerated to the required extent.
*Kliemt.HR Lawyers
