Good to know – Break regulations in Germany

Daily rest breaks are part of everyday working life. They help to slow down the body and mind a little and then work more concentrated and efficiently again. Taking breaks also reduces the risk of various health problems.

Employees can stretch their legs, have a healthy snack or meditate and do something for their mental and physical health.

What does the Working Hours Act regulate?

In the Working Hours Act regulates how long employees in Germany are allowed to work. For example, they may not work more than eight hours on weekdays. This working time may only be increased to ten hours if the additional time is made up within 24 calendar weeks.

In addition, the Working Hours Act provides a clear legal framework for the regulation of breaks provides. Section 4 states that a rest break of half an hour must be guaranteed if the working time exceeds six hours. Anyone who works more than nine hours is even entitled to a 45-minute break.

In addition, care must be taken to ensure that the break is taken after six hours at the latest. It is therefore not permitted to work for more than six hours at a time. Of course, rest breaks may also be longer than the legal minimum. Employees and employers can therefore agree a longer break time individually.

Are break times remunerated?

The daily rest break does not count as working time. Accordingly, employees generally do not receive any remuneration for this time. However, this may be different if there is a collective agreement. Sometimes the break times are then also paid.

Interruptions to work due to going to the toilet do not count as rest breaks. They may take place at any time. Furthermore, employers continue to be paid as normal during these breaks.

The situation is different when it comes to smoking breaks. Even if it is tolerated in many companies, employees are not entitled to it and must actually take their smoking break during their rest period. However, practices can vary from company to company.

What happens during a break in operation?

Occasionally there may be a break in operations. This means that work cannot continue because important work equipment is not available. For example, information may be missing, machines may be defective or the internet may be down. In such a situation employees continue to be paid.

Do breaks have to be taken?

As soon as a daily working time of six hours has been exceeded, the break must also be taken. Employees cannot voluntarily waive this in order to go home earlier. However, employers are responsible for ensuring that break times are observed. It must be ensured that employees take a proper break. Otherwise, employers must expect a fine for an administrative offense.

How can employees organize their break?

Since the break time free time, it can be organized as desired. Employees do not have to adhere to any guidelines, but can go shopping, attend other appointments or go for a walk. The only important thing is that they return to work on time at the end of the break.

What are the exceptions?

As with many other labor law regulations, there are also exceptions to break times that apply in various areas:

• In shift work it is permissible to divide the duration of the entire rest break into several short breaks.
• In addition, the regulations in the area of care and treatment of persons can be adapted if this becomes necessary due to the special nature of the activity.
• Break regulations can also be changed in the public sector under certain conditions.

Furthermore, the exceptions that apply to apply to young people. After four and a half hours, they are entitled to a half-hour break. After more than six hours, they are allowed to take an hour off. These regulations often apply to trainees and interns. In addition, rest breaks may not take place in the workplace if work continues there.

What is the rest period?

The rest break refers to the interruption of daily work, which must take place after six hours at the latest. The rest period, on the other hand, describes the period between the end of work and the start of work on the next working day. It must be at least eleven hours so that employees can recover and get enough sleep.

Employers also benefit from adhering to break times

Employees do themselves some good when they take breaks and relax a little in between, and employers should also keep an eye on the positive aspects of taking a break from work:

• Employees can relax and are less stressed. As a result, they often work with more concentration afterwards and are therefore more productive. On top of that, they make fewer mistakes and thus contribute to high work efficiency in the company.
• By observing breaks, employers are perceived positively by many employees, which can strengthen employee loyalty. In times of a shortage of skilled workers, this is worth its weight in gold in many industries.
• Employees who take regular breaks are generally less stressed. As a result, they are less likely to suffer from typical secondary illnesses such as anxiety, high blood pressure or frequent colds and are therefore less likely to be absent from work.