1. Working hours in Germany

In Germany, working time regulations are clearly defined in the Working Hours Act (ArbZG) and serve to protect employees from excessive workloads . The statutory maximum working time is generally 8 hours per working day and may only be extended to 10 hours under certain circumstances – provided that the average of 8 hours per day is maintained within 6 calendar months or 24 weeks (Section 3 ArbZG). Employees are not obliged to work beyond these times. If the employer nevertheless demands the performance of additional work, they are violating the Working Hours Act (ArbZG) . Violations of the Working Hours Act can result in fines of up to 30,000 euros (Section 22 ArbZG).

Preparations for employment can also count as working time. Generally, travel time during a business trip counts as working time, as it is undertaken on behalf of the employer (Section 2 of the Working Hours Act). The situation is different for the journey to the regular place of work – this is considered a private commute and not remunerated working time. Moving is only considered working time if it is work-related or required by the employer, e.g., if a uniform must be worn.

2. Break regulations in Germany

The break regulations for employees are also laid down in the German Working Hours Act (ArbZG) . The aim of the break regulations is to protect the health of employees and prevent overwork. For working hours of more than six up to nine hours, a break of at least 30 minutes is required (Section 4 ArbZG). Anyone who works more than nine hours is entitled to a break of at least 45 minutes. The breaks may be divided into sections of at least 15 minutes each, but must be scheduled in advance and expressly serve as a time for relaxation. Employers are obliged to adhere to and monitor these break regulations . Violations of the break regulations can result in severe penalties for employers (Section 22 ArbZG).

Breaks are generally not considered working time and are therefore generally unpaid. Nevertheless, they are essential to ensure employee productivity and minimize health risks. In addition to legal requirements, collective agreements, works agreements, or individual employment contracts may contain additional provisions, such as those regarding shorter or longer breaks or paid rest periods. It is important for companies to consistently implement statutory break regulations to avoid labor law consequences and promote a healthy work environment.