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Relocating after work? Here's how to do it right!
Imagine if you could get paid for your changing times or claim your relocation expenses for tax purposes. Sounds good? Employment and tax law offer opportunities here. In this article, you'll learn when your employer must pay for dressing time and how you can save on taxes when moving for work. You can also find out more on the topic by contacting us here.
The topic short and concise
Imagine if you could get paid for your changing times or claim your relocation expenses for tax purposes. Sounds good? Employment and tax law offer opportunities here. In this article, you'll learn when your employer must pay for dressing time and how you can save on taxes when moving for work. You can also find out more on the topic by contacting us here.
Imagine if you could get paid for your changing times or claim your relocation expenses for tax purposes. Sounds good? Employment and tax law offer opportunities here. In this article, you'll learn when your employer must pay for dressing time and how you can save on taxes when moving for work. You can also find out more on the topic by contacting us here.
Imagine if you could get paid for your changing times or claim your relocation expenses for tax purposes. Sounds good? Employment and tax law offer opportunities here. In this article, you'll learn when your employer must pay for dressing time and how you can save on taxes when moving for work. You can also find out more on the topic by contacting us here.
Find out when changing time counts as working hours, how to deduct moving expenses for tax purposes, and what to consider for a job-related move. Get informed now!
The question of whether changing time counts as working time is significant for both employers and employees. It concerns which activities must be compensated during working hours and which do not. At GoMovin, we understand that clarity on such matters is important to ensure a good working relationship. In this article, we explain the key aspects of changing time, the legal basis, and its practical implementation in everyday work.
Changing time includes putting on and taking off work clothes, travel times within the company to the changing room, and possibly showering. It is crucial to understand that not all these activities automatically count as working time. What matters is whether changing is in the interest of the employer or if it is a private matter for the employee.
The relevance of changing time arises from the aspects of labour law and the associated obligation to pay compensation. If changing is considered working time, it must be remunerated accordingly. This can lead to conflicts and legal disputes if no clear regulations have been established. Therefore, it is important that employers and employees are informed about the applicable regulations and find a fair solution together.
Employment Law Basics: Laws and Judgments on Changing Time
The legal foundations for changing time are anchored in the Working Time Act (ArbZG) and the Occupational Health and Safety Act (ArbSchG). These laws regulate working hours and the protection of employees. However, they do not contain explicit provisions on changing time. Therefore, the case law of the Federal Labour Court (BAG) is of great importance.
The BAG has ruled in several judgments that changing time counts as working time if changing clothes is in the sole interest of the employer. An important judgment is the BAG ruling of 31.03.2021 (5 AZR 292/20), which emphasizes the importance of changing clothes at the workplace when specific workwear is prescribed. The case law of the BAG has significant impacts on practice and provides guidance to employers and employees.
Collective agreements and company agreements may contain different provisions regarding changing time. These provisions may exclude the compensation for changing times or set specific conditions. It is therefore essential to review the applicable collective agreements and company agreements to understand the rights and obligations of employers and employees. Individual agreements are also possible but should ideally be legally reviewed.
Benefit to others decides: When changing time counts as working hours
The principle of external utility is crucial for determining whether changing time counts as working time. If changing clothes is in the exclusive interest of the employer, it is referred to as external utility. This is the case, for example, when the employer mandates the wearing of conspicuous or prescribed work clothing.
Examples of changing activities with external utility include putting on protective clothing for safety reasons or wearing uniforms to maintain the company's external appearance. In such cases, the changing time is generally considered working time. It is different if changing clothes is in the personal interest of the employee.
Personal interest is present when the employee wears unobtrusive clothing that could also be worn at home, or when the employer provides changing rooms on the premises. In these cases, changing time is generally not considered working time. The provision of changing rooms by the employer often leads to the conclusion that putting on work attire at home does not count as working time.
Noticeability of clothing: Assess obligation to compensate objectively
The noticeability of work clothing plays an important role in assessing the obligation to compensate. The determination of whether clothing is noticeable is done objectively. The uniformity of the clothing and the presence of logos are relevant criteria. If the work clothing is so noticeable that wearing it during the commute is unreasonable, changing time is generally considered working time.
An example of this is white hospital clothing, which may be considered particularly noticeable. If an employee is required to put on such clothing at the workplace, the changing time is usually to be compensated. However, it is important to note that employment and collective agreements may contain different provisions.
The unreasonableness of wearing it during the commute is another important criterion. If it is unreasonable for the employee to wear the work clothing during the commute, they must change at the workplace. In this case, the changing time is considered as working time. Employers should therefore establish clear regulations to avoid misunderstandings.
Special Cases: Handling Workwear, Protective Clothing, and Showers Correctly
There are special rules for prescribed work clothing. If the employer requires certain work clothing to be worn at the company, the changing time generally has to be compensated. This is especially true if the work clothing meets specific requirements or is necessary for hygienic reasons. The obligation to compensate exists if the wearing requirement is in place at the company.
There are also special cases when it comes to changing into protective clothing. If wearing protective clothing is necessary for safety reasons, the time for putting on and taking off the clothing must be taken into account. In many industries, wearing protective clothing is required to protect the health of employees. In these cases, the changing time is considered working time.
Showering after work can also be a special case. If showering is necessary due to heavy soiling and it is unreasonable to travel home without cleaning, the shower time may be regarded as working time. This is the case, for example, in professions where employees come into contact with hazardous substances. Employers should establish clear regulations to avoid legal disputes. Exact recording of working hours is essential.
Make changing room times fair: Recommendations for employers
To ensure fair changing times, employers should establish clear regulations in employment contracts and workplace agreements. These regulations should cover the compensation for changing times and consider transit times within the company. Transparent communication is important to avoid misunderstandings.
An accurate recording of working hours is essential to avoid legal disputes. Employers should document changing and shower times and ensure that working hours are correctly recorded. This can be done using time recording systems or manual records. IG Metall offers helpful information on this topic.
The provision of changing rooms and showers is another important aspect. Employers should ensure that there are suitable conditions for changing and showering. This enhances acceptance among employees and contributes to good working relationships. Changing rooms should be clean, safe, and provide ample space.
Relocation for Work: Financial Aspects and Personal Implications
A relocation due to work can have various reasons. Improved career prospects, shorter commutes, and a better work-life balance are common motives. However, a job-related move is also associated with financial aspects and personal impacts. It is important to carefully examine these aspects before making a decision.
The financial aspects of moving include the relocation costs and whether they are covered by the employer. In many cases, the employer covers part or all of the relocation expenses. It is advisable to negotiate this in advance. Moreover, moving expenses can be deducted for tax purposes. There are different ways to claim moving expenses on your taxes, such as business expenses or as a flat-rate allowance.
Moving also has impacts on family and social environment. It is crucial to consider personal relationships and adapt to the new surroundings. A move can be a significant change, which can have both positive and negative effects. Therefore, it is important to weigh the decision carefully. Good preparation is key to a successful relocation.
Deduct moving costs from taxes: Here's how!
If you move for work, you may be able to claim relocation expenses as tax-deductible. There are various ways to offset moving expenses against your taxes. One way is to claim them as work-related expenses. Work-related expenses include all costs associated with earning income.
To claim relocation expenses as work-related expenses, you must prove that the move is work-related. This applies, for example, if you move due to a job change or if your commute is significantly shortened by the move. You can provide evidence such as your employment contract or a certificate from your employer.
Alternatively, you can opt for a relocation allowance. The relocation allowance is a flat rate that can be claimed without individual proof. The amount of the relocation allowance is adjusted annually. In 2024, the relocation allowance is 964 euros for the employee and 643 euros for each additional person moving with them. Randstad provides detailed information on this.
Establish clear rules: Improve the employment relationship
In summary, changing time is not automatically working time. The principle of benefit to the employer is crucial. If changing clothes is solely in the employer’s interest, it usually has to be compensated. It is important to establish clear regulations to avoid misunderstandings and conflicts.
Clear regulations contribute to a good working relationship. They prevent misunderstandings and conflicts and promote employee satisfaction. Employers should therefore value transparent communication and fair regulations. This contributes to a positive working environment and strengthens employees' attachment to the company.
Future developments in employment law should also be monitored. There may be adjustments to laws and regulations in the future. Digitalisation will also change working time recording. Therefore, it is important to keep continuously informed about current developments and to adjust the regulations accordingly.
Government grants for relocations offer an excellent opportunity to financially ease the transition to a new workplace. Whether it's a move within Germany or abroad, the available support programmes and tax advantages make the step towards new professional challenges more attractive and financially feasible.
With our expertise in relocation, we offer you comprehensive advice and support in planning and executing your move. We assist you in choosing the right moving company, completing all necessary formalities, and applying for funding.
By choosing GoMovin, you are investing in a smooth and stress-free relocation. We take care of all the details so you can focus entirely on your new professional challenge.
Now is the perfect time to explore the options for your relocation. Contact us today to start your personalised consultation and plan your move quickly and easily. Visit our Contact page to arrange a non-binding consultation.
Further useful links
Federal Labour Court (BAG) provides information on judgments and decisions in labour law.
Federal Statistical Office (Destatis) offers various statistics.
FAQ
When is a move for a job tax-deductible?
A move is tax-deductible if it is professionally motivated. This is the case if you move due to a job change or if your commute is significantly shortened by the move.
Which costs can be claimed for tax deduction in a job-related move?
You can claim moving costs as work-related expenses or take advantage of a moving allowance. Deductible costs include, for example, transportation costs, estate agent fees for house hunting, and costs for double rent payments.
What is the moving allowance for the year 2024?
In 2024, the moving allowance is 964 euros for the employee and 643 euros for each additional person moving with them.
Does the employer always cover the moving costs?
Employers are not obliged to cover the moving costs, but they often offer it as an incentive. It is advisable to negotiate the coverage of moving costs in advance.
What should be considered when choosing a moving company?
Look for reputable providers with good reviews. Compare several offers and check if the company has insurance for any potential damages.
How does a move affect family and social environment?
A move can be a significant change that can have both positive and negative effects. It is important to consider personal relationships and adapt to the new environment.
What role does work-life balance play in a move for a job?
A move can improve work-life balance, especially if it leads to a shorter commute. This allows for more leisure time and less stress.
How do I find suitable accommodation at the new work location?
Use online portals, real estate agents, and local networks to find suitable accommodation. Consider your individual needs and budget.
