Your right to go home
Your employer must plan your work so that you can start your weekly rest at home or at the operational centre at least every 4 weeks (sometimes 3).
The rule
Since Mobility Package I, your employer must organise the work so that, within each period of 4 consecutive weeks, you can return to:
- the employer's operational centre where you are normally based and where your week starts, or
- your place of residence,
in order to start a regular weekly rest period (at least 45 hours) or a weekly rest period of more than 45 hours taken as compensation.
| Situation | Return no later than after |
|---|---|
| Normal planning | 4 weeks |
| You took two reduced weekly rest periods in a row | 3 weeks |
The Court of Justice confirmed this rule in October 2024: the complaints from several Member States against this right to return were dismissed.
It's your choice
It is a right, not an obligation. You may choose to spend your weekly rest somewhere else, for example on holiday or with family in another country. Your employer must then be able to show that they made the return possible.
Tip: if you chose not to go home, have this recorded in writing (for example an email or a form). This avoids discussion, and your employer must still be able to show proof during a check.
How must the employer prove this?
The employer must document how they comply with this obligation and keep those documents at their operational centre, so that they can be shown during a check. In practice, this means tachograph data, duty rosters, travel documents (e.g. plane tickets or bus tickets) and statements from the driver.
Who pays for the journey?
The Regulation says the employer must organise the return. Who pays the travel costs and whether travel time counts as working time depends on your employment contract, the collective agreement and national law. Check the chapter Rules per country or ask your trade union.
What about the truck? (8-week rule annulled)
The Mobility Package originally also required trucks in international transport to return to the Member State of establishment every 8 weeks. The Court of Justice annulled that rule on 4 October 2024. This obligation therefore no longer applies. Your own right to return remains fully in force.