BAG: No daily allowances for ministerial chauffeur
Ruling: No allowances for chauffeur duties
The Federal Labor Court (BAG) ruled that a chauffeur employed to drive a state minister cannot claim daily allowances for trips between the minister’s home and official appointments. The court held that these trips are part of the chauffeur’s regular duties, not separate business travel. The decision was issued on April 23, 2026 (case no. 6 AZR 211/25).
This means employees in similar roles—such as personal drivers for public officials—cannot expect additional compensation for travel time unless their contract explicitly provides for it.
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Why the court decided this way
The court clarified that daily allowances are meant to cover extra costs incurred during business travel, not for tasks that are part of an employee’s core job. The chauffeur’s driving duties were considered his primary work, not a separate travel activity.
The ruling also emphasized that public sector pay scales already account for the demands of such roles, making additional allowances unnecessary.
What happened in this case
The plaintiff worked as a personal chauffeur for a state minister in Lower Saxony. His duties included driving the minister between his home, the ministry, and official events. The chauffeur argued that these trips qualified as business travel, entitling him to daily allowances.
The employer rejected this claim, stating that the trips were part of the chauffeur’s regular work. The court agreed, concluding that the trips did not meet the legal definition of business travel.