The EU ruling that could mean extra pay for Dutch workers

Travelling to work usually happens on your own time, but certain journeys must be compensated. A European court ruling has clarified when travel between different work locations counts as working time. Here's what it means for workers in the Netherlands and whether they could be entitled to extra pay.

When does travel count as working time?

On October 9, 2025, the European Court of Justice (ECJ) ruled in a Spanish case involving employees who worked in different nature reserves. Every morning, the workers met at a designated location before travelling together in a company vehicle to their assigned work site.

Their employer, who set the location, counted the outward journey as working time but not the return trip. The court ruled that both journeys counted as working time because the employer determined when and how the employees travelled, leaving them unable to use that time freely.

This is because EU law only distinguishes between working time and rest time. While the EU ruling also applies in the Netherlands, it does not mean that every journey to work counts towards working hours.

According to the Dutch government, ordinary journeys between home and a fixed workplace do not count as working time. However, travelling between work sites or from company premises to another location at an employer's request can qualify. In some circumstances, travelling directly from home to a client's location can also count.

Does the ruling mean extra pay for Dutch employees?

Although certain journeys qualify as working time in the Netherlands, this does not automatically mean employees are entitled to additional pay at their usual hourly rate.

The ECJ ruling clarifies which journeys count as working time, but does not determine how much employees should be paid for this time. This is decided by Dutch labour law, individual employment contracts and any applicable collective labour agreement (cao), which determine payment arrangements.

Employers may agree on a different payment rate for work time and travel time, but Dutch minimum wage legislation still applies. This means employees must receive at least the statutory minimum hourly wage for hours that count as work under minimum wage rules, even if a rate lower than the minimum wage has been previously agreed.

The decision may be particularly relevant to construction workers, maintenance staff and others who regularly travel between locations to carry out their work.

Employees who believe the ruling may apply to them should consider whether their employer determines their meeting point and departure time, requires them to travel in a company vehicle and/or regularly assigns them to different work locations.

Can Dutch workers claim backdated pay?

Employees who believe they are owed wages for qualifying travel time may be able to claim backdated pay, depending on their employment arrangements.

In the Netherlands, unpaid wage claims generally have a five-year limitation period, starting when the payment was due. In the Netherlands, unpaid wage claims generally have a five-year limitation period, starting from the date each payment was due.

Workers who believe they are entitled to compensation should first check their contracts, any applicable collective agreements, working hours and payslips. They can also seek advice from a trade union or employment lawyer.

According to the Dutch judiciary, employees can extend the time available to pursue an unpaid wage claim by sending a registered letter to their employer before the five-year period expires. The letter must clearly state which outstanding wages they are claiming and for which months or years.