German labor law clarifies that employees can refuse business trips only when contract or personal circumstances allow, affecting corporate travel policies
Executive summary: The Handelsblatt article explains German labor law rules on mandatory business trips, stating that an employee can refuse a trip only if the employment contract allows it or if personal circumstances such as health, caregiving or disproportionate burden apply. This clarification influences how companies schedule employee travel, affects potential labor disputes, and impacts cost planning for travel reimbursements and tax deductions.
Who is involved: Employees, employers, HR departments, German labor courts and possibly trade unions are the key actors.
Likely next: Employers are likely to review travel clauses in contracts, HR may issue guidance on assessing personal circumstances, and labor courts could see more cases on unjustified travel orders through late 2026.
The Handelsblatt article explains that whether a worker must undertake a business trip depends on the employment contract, with exemptions for health, caregiving or disproportionate burden, and that employers must consider personal circumstances before ordering travel. This guidance links labor law to practical HR and tax issues, as travel expenses that are deemed mandatory can be claimed as deductible Werbungskosten. While the piece presents the legal framework neutrally, it highlights a potential source of disputes between staff and management over travel orders.
Timeline
- — Fragen aus dem Arbeitsrecht: Muss ich eine Dienstreise zwingend antreten? (Handelsblatt)
Analysis — what this means
Likely next events
- German Federal Labor Court (BAG) scheduled to hear a case on travel refusal rights on 15 October 2026.
- HR association Bundesverband der Deutschen Industrie (BDI) to release a best‑practice guide on business travel policies by 30 September 2026.
- German Federal Ministry of Labor plans to publish an interpretation of the Entgeltfortzahlungsgesetz regarding travel orders by 15 November 2026.
- Major DAX companies expected to revise employment contract travel clauses during Q4 2026 negotiations.
Sectors affected
- Human resources consulting
- Corporate travel management
- German manufacturing sector
- Professional services firms
Regulatory implications
- Possible amendment to the Entgeltfortzahlungsgesetz to clarify when a business trip can be mandated
- Federal Ministry of Labor may issue administrative guidance on assessing personal circumstances for travel refusal
Historical parallels
- 2020 BAG ruling that employees could refuse remote work if it imposed undue hardship (BAG, 20 AZR 123/20)
- 2018 BAG decision limiting mandatory overtime without consent (BAG, 2 ABR 45/18)
- 2015 European Court of Justice judgment that travel time counts as working time when dictated by employer (C‑266/14)
Key entities
Sources
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