Concept and Definition of a Day’s Journey
The term “day’s journey” is a historical concept that is particularly significant in the field of law. It denotes a distance that can be covered within a day—typically on foot, on horseback, or using other common means of transportation of the respective era. The day’s journey held considerable practical relevance in the legal context, such as for determining time limits, venues for court proceedings, and within the framework of civil, criminal, and administrative law regulations. The following presentation provides a comprehensive overview of the legal aspects of the day’s journey and its application in both the past and present.
Historical Origin and Legal Significance
Development of the Term
The ‘day’s journey’ as a legal term originated in a time before modern transportation. The distance considered as a day’s journey depended on geographical, climatic, and technological conditions and therefore varied. In German-speaking regions during the Middle Ages and Early Modern era, a distance of 20 to 30 kilometers on foot was considered a typical day’s journey, while horseback riders could cover up to 60 kilometers.
Legal Historical Significance
In numerous historical legal sources, including the General Land Law for the Prussian States (ALR), the original version of the German Civil Code (BGB), and the civil procedure codes of the 19th century, the day’s journey appeared as a unit of measurement for determining deadlines, jurisdictions, and accessibility. For example, the calculation of deadlines was often based on the duration of a day’s journey to ensure that a party or a messenger could reach the court in a reasonable time.
Legal Application of the Day’s Journey
Civil Law
Calculation of Deadlines According to Day’s Journeys
Historically, the scheduling of court dates, summons deadlines, and appeal periods was based on the distance from the residence to the competent authority or court. If parties, witnesses, or messengers were more than a day’s journey away, deadlines were accordingly extended to account for the necessary travel time.
Example: The Civil Procedure Code of 1877 (§ 181 ZPO old version) prescribed that summonses had to be served sufficiently in advance so that the summoned person, traveling at the usual pace, would require a day’s journey and could appear on time for the appointment.
Contemporary Significance
In today’s legal system, the day’s journey as a specific unit of measurement is largely obsolete. The advent of faster modes of transportation and modern communication has replaced it with hourly or daily deadlines. Nevertheless, the concept of a day’s journey can still be relevant in historical contexts for interpreting old legal norms and older judgments.
Criminal Law
Jurisdiction of Courts
When determining the place of court proceedings, especially in the Middle Ages and Early Modern period, the distance from the parties’ residences to the courthouse was crucial. A court located more than a day’s journey away could be considered unreasonable at the time. The right to bring a case or defend oneself before a nearby court is a foundational principle of fair proceedings, which draws upon these considerations.
Administrative Law and Public Law
The concept of a day’s journey also appeared in administrative law into the early 20th century as a criterion for jurisdiction and accessibility of authorities, as well as for summons deadlines. Some older regulations explicitly prescribed from what distance accessibility could be considered unreasonable.
The Day’s Journey in International Law
Comparison: Day’s Journey in Other Countries
Outside the German legal sphere as well, the day’s journey was a key criterion for jurisdiction, calculation of deadlines, and reasonableness in legal relations. In France, due to the diverse landscape, a day’s journey likewise corresponded to a distance of approximately 20 to 30 kilometers on foot. In English common law, comparable rules for a ‘day’s journey’ or ‘day’s walk’ can be found in historical proceedings.
Relevance of the Day’s Journey in the Present
Significance in Old Legal Sources
The term continues to be relevant, especially in the interpretation and application of historical legal norms. In heritage conservation, genealogy, the analysis of old contracts, or academic disciplines such as legal history, the day’s journey remains an important reference value for spatial and temporal distances.
Influence on Contemporary Legal Language
Today, the day’s journey is predominantly regarded as a historically used unit of measurement. Its practical relevance is limited to interpreting old legal situations. In current statutes or case law, specific time allocations or the actual accessibility afforded by advanced transportation infrastructure are used instead.
Synonyms and Related Terms
Terms related to the day’s journey include “march on foot,” “marching time,” “walking time,” “distance traveled by stagecoach,” as well as the concept of the ‘Tagereise’ in the sense of a transport measure for news and goods.
Summary
The day’s journey is a historically developed legal term of substantial importance for the evolution of jurisprudence, especially regarding deadline calculation and determination of jurisdiction. Despite its widespread replacement by other units of measurement, its significance for the historical interpretation of laws and for legal historical research remains undisputed.
List of References:
- General Land Law for the Prussian States (ALR)
- German Civil Code (BGB), historical versions
- Civil Procedure Code of 1877
- Dictionary of German Legal History
- Bohn, R.: Handbook of Measures, Weights and Pieces in German Legal Transactions
Further Links:
- <a href="https://de.wikipedia.org/wiki/HistorischeMa%C3%9FeundGewichte(Deutschland”>Historical Units of Measurement in German Law)
- Calculation of Deadlines under the BGB
Frequently Asked Questions
Does an employer have to specifically regulate day journeys in the employment contract?
In the context of employment law, the obligation to undertake day journeys (business trips without overnight stays) is generally included in the contractual duties, provided that the employee’s activities entail such travel. If the employment contract, job description, or company practice stipulates that an employee is expected to undertake such journeys, there is no need for a separate contractual provision. However, if there is no explicit reference or if the usual workplace is clearly defined in the contract or a collective agreement, the instruction to undertake day journeys is generally permissible only if it is covered by the employer’s right to issue directives and is reasonable for the employee. In this context, the individual interests of the employee as well as existing co-determination rights of the works council (for example, pursuant to § 87 (1) Nos. 1 and 2 of the Works Constitution Act) must be taken into account.
Is there an entitlement to remuneration for travel times on day journeys?
Whether and to what extent travel times during day journeys must be remunerated is primarily determined by the Working Hours Act (§ 2 ArbZG) and the applicable employment or collective agreements. As a general rule, travel time is considered working time if it is undertaken on the employer’s instructions and with the possibility of using work tools (e.g., driving a vehicle or working on documents while traveling). Pure travel time, during which the employee performs no work-related duties, must be compensated only if this is agreed upon in the employment or collective agreement (e.g., § 9 TVöD). Deviations may arise from company agreements, guidelines, or duties of loyalty under employment law. Additionally, compliance with the maximum allowable working time (e.g., according to § 3 ArbZG) must be monitored.
How does a day’s journey affect the recording of working time?
Day journeys affect the keeping of working time records, as under § 16(2) ArbZG, the employer is obliged to record any working time beyond the daily limit of eight hours. If the day journey is considered working time (active duties, customer visits, etc.), it must be documented as part of the statutory recording obligations. For pure travel times without work performed, there is generally no recording obligation, unless specifically mandated by company agreement, collective bargaining agreement, or individual agreement. Especially for cross-border day journeys, tax and social security provisions regarding posting and documentation requirements must also be observed.
Are day journeys counted towards the maximum daily working hours?
According to the provisions of the Working Hours Act (ArbZG), in particular § 3 ArbZG, the daily working time—including necessary travel time—must be counted as working time inasmuch as it qualifies as such under the law. If the employee is traveling on the employer’s instructions and performs work during the journey, this time counts towards the maximum permitted working hours. Travel time outside regular working hours, during which no work is performed, is not necessarily regarded as working time under current Federal Labour Court jurisprudence (ruling from 17.10.2018 – 5 AZR 553/17). Nevertheless, a collective or individual agreement may stipulate otherwise.
Can expenses and travel costs on day journeys be reimbursed tax-free?
The tax treatment of expenses and travel costs for day journeys is governed by the provisions of the Income Tax Act (EStG) and the relevant wage tax guidelines. Travel expenses such as transportation, meal, and accommodation costs (for day journeys usually without overnight stays) may be reimbursed tax-free up to certain lump-sum amounts (§ 3 Nos. 13 and 16 EStG; R 9.4 LStR). For day journeys within Germany, a meal allowance can only be granted tax-free if the absence exceeds eight hours (§ 9(4a) EStG). If these requirements are not met, the payment constitutes taxable and, if applicable, social security-relevant remuneration.
What co-determination rights does the works council have regarding day journeys?
The works council has various co-determination rights concerning the arrangement and structuring of day journeys, especially according to § 87 (1) No. 1 of the Works Constitution Act (matters relating to workplace regulations and employee conduct at work) and No. 2 (start and end of daily working hours, including breaks and distribution of working hours across the working week). If rules are to be established regarding remuneration, travel times, travel allowances, or special protection zones, these are either subject to co-determination or must be regulated individually. Moreover, the works council can initiate regulations for occupational safety and employee health, such as when day journeys involve particular burdens.
How is insurance coverage regulated during day journeys?
During a day journey, the employee is generally covered by statutory accident insurance under the provisions of Book Seven of the Social Code (SGB VII), provided the journey is carried out in the course of official duties (business trip). Insurance coverage applies during the actual business activity as well as on so-called “insured routes” (i.e., traveling to and from the work-related journey). Private detours or independent interruptions are not covered. For foreign travel, it may also be necessary to take out supplementary international health insurance. In addition to statutory protection, employers should review and, if required, insure any additional risks (e.g., foreign liability, use of company vehicles).
