Those who enjoy going to work probably do not count every minute until quitting time. Nevertheless, working hours are subject to clear statutory limits. In Germany, the Working Time Act regulates how long employees may work each day - including breaks, rest periods and special provisions. Whether full-time, part-time or shift work: here you will learn what is permitted, what rights you have and what employers must observe.
What counts as working time?
According to Section 2 of the Working Time Act (ArbZG - Arbeitszeitgesetz, German Working Time Act), working time means the period from the beginning to the end of work, excluding rest breaks. This also includes travel time within the workplace and on-call duty.
The commute and the associated travel time do not count as working time. The same generally applies to changing clothes. Anyone who has to wear work attire for the job should normally already have changed by the start of work - unless company rules provide otherwise.
Exceptions apply to employees who do not have a fixed workplace at the company and cannot perform their work without constant business travel. A good example is field service or long-distance driving. Travel time always counts as working time in these cases.
The following always count as working time:
- Operational interruptions are, under the Working Time Act, an unexpected interruption of work for technical reasons and therefore working time.
- Short interruptions such as a bathroom visit, a trip to the coffee machine or a glance out of the window.
- Nursing breaks for mothers. Under Section 7 MuSchG (Maternity Protection Act), they receive additional breaks for breastfeeding which count as working time.
- Work readiness, that is, waiting times for taxi drivers between fares, on-call duties in hospitals or similar.
By contrast, stand-by duty (on-call from home) does not generally count as working time. If you actively work during on-call stand-by because of an emergency, this counts as working time. Otherwise, it is considered rest time rather than working time, even though one must remain reachable throughout.
Doctor's appointments, on the other hand, are considered a private matter for employees. Only if a doctor's appointment is medically necessary and, for example, acute pain occurs during work, does the trip to the practice count as paid working time. Collective bargaining agreements and employment contracts may contain different provisions.
Observing the maximum daily and weekly working hours
According to the Working Time Act, you should not exceed your daily working time of eight hours. Of course, it can happen in everyday working life that supervisors or an important project require you to work somewhat longer. However, this should remain the exception.
The maximum daily working time under Section 3 ArbZG is ten hours. And only on condition that this additional work can be compensated within six months. In exceptional cases, the maximum weekly working time may therefore be up to 60 hours.
According to a judgment of the ECJ (Court of Justice of the European Union) from 2017, continuous work for up to 12 days is permitted in exceptional cases. The employee concerned was, however, contractually obliged to perform Sunday work.
Important: Upon reaching this maximum working time, the employer must absolutely ensure that employees observe their break and rest periods. This serves to protect health and is also clearly regulated in Section 5 ArbZG.
Breaks and rest periods for recovery
Breaks and rest periods are due to all employees who work longer than six hours. The statutory break regulation provides that after six hours of working time, every employee is entitled to a break of 30 minutes. The law even obliges employees to observe this 30-minute break - even if they would voluntarily prefer to work through in order to finish earlier.
For a working time of more than nine hours, every employee is entitled to 45 minutes of break. This can also be divided into 15-minute blocks.
What flexible working hours or flexitime mean
Some companies advertise flexible working hours in job postings. But what exactly does that mean for employees?
If you work for a company with flexible working hours (also known as flexitime), you can determine yourself within the operating hours when you start and when you finish. The important thing, however, is to comply with the agreed weekly working hours. Anyone who falls short of their regular working time will otherwise accumulate negative hours.
Example
If the operating hours are between 7 a.m. and 8 p.m., employees can complete their work within this time. Employees may therefore not yet start work at 6 a.m.
Some companies additionally specify so-called core working hours in the employment contract. These core working hours are mandatory presence times for all employees (e.g. from 10 a.m. to 2 p.m.). Beyond that, they can arrange their working time flexibly.
The Working Time Act, by the way, does not provide for any entitlement to flexible working hours. In some industries with shift work or high safety requirements, this is simply not practicable.
Employer may not unilaterally increase weekly working hours
Companies may not simply increase regular weekly working hours without consent. After all, the employment contract signed by both sides applies.
However, the company may temporarily order extra work or overtime if there are sufficient reasons, such as a very high workload or backlogs. These generally exist if the missing overtime would have a negative impact on business operations, that is, if it is operationally necessary. In many companies with a works council, the works council must approve the overtime in advance.
Overtime must as a rule be compensated. Whether this happens through time off or via the payroll depends on the employment contract. If nothing is regulated on this, the Working Time Act generally provides for compensation by time off.
In individual employment contracts, the employer may want a certain number of overtime hours to be compensated by the salary. Strict requirements are attached to such a contractual provision. The salary must first reach an appropriate level that justifies such a provision at all. And it must be precisely specified how many overtime hours are to be compensated. The BAG (Federal Labour Court) has considered around 10% of weekly working time to be permissible, i.e. for a 40-hour week, 4 hours of extra work per week.
Business trips can be part of regular working time
On business trips, it is not always entirely clear when exactly working time begins. In principle, travel to and from the train station or airport is not working time. This is treated exactly like the normal commute.
Whether the travel time during a business trip counts as regular working time depends on the work instructions and the means of transport.
If, for example, the employer instructs that a presentation must still be prepared during the train journey, this is clearly to be classified as working time. If no specific tasks are assigned, travel time is not working time but rest time. This even applies if employees voluntarily work without specific instructions.
Essentially, classification as working time depends on whether employees can dispose freely of their time during the journey. If there is an opportunity to relax, this counts under labour law as a rest break.
The situation is different if the employer requires the destination to be reached by company car. The person driving must concentrate and focus on the traffic. This car journey then counts as working time. For all other passengers, by contrast, it does not, since they can use this time differently. Accordingly, other idle times such as the stay in the hotel or other waiting periods are not to be classified as working time either.
Working time during reintegration after a long illness
Anyone who wants to return to everyday working life after a long illness must coordinate not only with the employer but also with the treating physician. For many people who are or have been ill, the financial possibilities are eventually exhausted despite sick pay.
Depending on the clinical picture and main activity, the doctor must assess whether employees are ready at all to work regularly again. This also includes how long someone may work during reintegration. This distinguishes a return to work after a long illness from other situations. Employees may normally work despite a sick note if they are fit for work and healthy. During reintegration, however, individuals require a medical certificate proving their resilience.
Together with the supervisor and the HR department, the working time and the duration of the reintegration phase are determined. As a rule, one starts with at least 2 hours per day. Thereafter, working time is gradually increased. In this way, employers avoid recovered employees plunging back into work fully too soon during reintegration and harming themselves more than the company benefits.
Important: during the reintegration phase, the employee does not yet receive a salary from the employer; instead, the employee continues to receive sick pay from the health insurance fund during this time.
Reducing working hours: these options exist
The legislator offers people in employment various legal possibilities for reducing working hours. Upon application, they can work part-time, either long-term or in the form of bridge part-time for a specific period.
Part-time: application to reduce working hours
Employees have the option of reducing their working hours upon application - without giving reasons. It therefore does not matter whether the additional free time is used to care for children, persons in need of care or a new hobby.
According to Section 8 of the Part-Time and Fixed-Term Employment Act (TzBfG), the following four conditions must be met:
1. The application to reduce working hours must be made at least in text form.
2. The application must reach the employer no later than three months before the start of the reduced working hours.
3. You must have worked at the company for at least six months.
4. Your employer normally employs more than 15 workers, with apprentices not counted.
The application for the reduction of working hours must also answer these questions:
- Timing: From when should the weekly working time be reduced?
- Extent: To how many hours should the working time be reduced?
- Distribution: On which weekdays should how many hours be worked?
However, companies have a say in the distribution of weekly working hours. So if, for example, the telephone must be staffed at certain times, the company will have a say.
Only for specific operational reasons does the employer have the right to reject an application. For example, if it would significantly impair the organisation, the workflow or safety in the company, or if disproportionately high costs would arise. In practice, however, this is rather rare.
Important: The statutory provisions contain no right to subsequently increase weekly working hours again. Once reduced, there is no going back without the company's consent!
Bridge part-time for a fixed period
As an alternative to permanent part-time work, another part-time model was introduced in 2019: bridge part-time. This also requires an application. Bridge part-time is a temporary reduction of weekly working hours.
Employees therefore work less than their regular working hours for a period determined in advance. Afterwards, they automatically return to their previous working hours. The legislator grants employees an entitlement to part-time work which employers may only reject for important reasons. Bridge part-time must last at least one year, but no more than 5 years.
Special provisions on working time
The Working Time Act also contains some special provisions for night work as well as Sundays and public holidays. In addition, other laws contain a number of special provisions on working time. These include in particular the Youth Employment Protection Act and the maternity protection rules. They apply to particularly vulnerable employees such as pregnant women and minors.
Working hours on Sundays and public holidays
The Working Time Act prohibits in Section 9 work on Sundays and public holidays, but lists numerous exceptions in the subsequent Section 10 ArbZG. If one of the exceptions mentioned there applies, employers may even order work on Sundays and public holidays. A Sunday or public holiday bonus for working on these days is not mandatory, but may arise from employment contracts or collective bargaining agreements.
In any case, however, it is important that working time on Sundays and public holidays be compensated by time off. Section 11 ArbZG contains clear rules for this:
- At least 15 Sundays per year must be free.
- For work on a Sunday, there is a replacement rest day within the next two weeks as time-off compensation.
- For work on a public holiday, employees receive a replacement rest day within the next eight weeks.
Rules for shift and night work
Special rules apply to work during night-time hours from 11 p.m. to 6 a.m. In bakeries and confectioneries, the period from 10 p.m. to 5 a.m. counts as night working time. Employees who normally work nights in rotating shifts or on at least 48 days per calendar year are legally called night workers.
Under the Working Time Act, night workers are entitled to compensation in the form of paid time off, a night-work bonus or a combination of both. This is decided by the employer, provided there is no provision in the applicable collective bargaining agreement or works agreement. In addition, for night work the same rules on maximum daily working time apply under Section 6 ArbZG: 8 hours, with an extension to a maximum of 10 hours, provided that on average eight hours are not exceeded within one month.
Working time rules for underage employees
How long minors are allowed to work is strictly regulated in the Youth Employment Protection Act (JArbSchG - Jugendarbeitsschutzgesetz):
- 15- to 17-year-olds may not exceed an eight-hour day.
- Young people may only work on five days in a row per week - not on six days, as adults may.
- The maximum weekly working time for minors is 40 hours.
An exception applies to minors in agricultural businesses: there, young people may work longer than an average of eight hours per working day during the harvest season. Further detailed information can be found in the Youth Employment Protection Act.
Rules on working time during pregnancy
If an employee is expecting a child, the company has significantly more to observe with regard to health protection. The following rules on working time during pregnancy arise from Sections 3 et seq. of the Maternity Protection Act (MuSchG):
- A maximum of 8.5 hours per day or 90 hours within two weeks
- Pregnant women may not work between 8 p.m. and 6 a.m.
- Between 8 p.m. and 10 p.m., pregnant women may work at their own request if there is no danger.
Work on Sundays and public holidays is prohibited for pregnant and breastfeeding women. Night work is likewise generally prohibited. In exceptional cases and after official approval, Sunday work during pregnancy under Section 6 MuSchG, just like work on public holidays, is only possible at the request of the pregnant woman. The competent supervisory authority must first grant the necessary approval. The employee may withdraw her consent at any time.
Pregnant employees may only work at night if the doctor has issued a certificate of no objection and the employer has filed an official application with the competent authority. Only after this approval does night work become possible for pregnant women.
Frequently asked questions on working time
What is the maximum working time per day and per week?
According to Section 3 of the Working Time Act, daily working time on working days may not exceed eight hours. Under certain conditions, it can be extended to up to ten hours. However, working time may not then exceed an average of eight hours per working day within six calendar months or within 24 weeks.
Must companies record working time?
Since a widely noted ECJ judgment in May 2019, companies have been required to record their employees' working time. Previously, under Section 16 ArbZG, this applied only to overtime and extra work.
The documentation of working time can vary in each company. Some companies opt for strict electronic proof with time-tracking systems and working-time accounts in order to clearly document daily working time. Other companies in turn rely on self-managed trust-based working time and on self-documentation by employees. However, mandatory working time recording has by now become part of the daily routine in many companies.
What applies for doctor's appointments during working hours?
Doctor's appointments are a private matter. Exception: the doctor's visit is medically necessary or not otherwise possible, e.g. in case of acute pain during work. Some collective bargaining and employment contracts may deviate from this - and different rules also apply to pregnant women (e.g. the schedulable prenatal check-ups during pregnancy). Regular dental cleanings or other preventive examinations, however, are always excluded from working time.
In all employment law matters, specialist labour law attorney Mr. Alexander Fuchs will be happy to advise and represent you.
