Working time in Germany: Weekly limits, daily standards & legal framework

Planning to work in Germany? Whether you're considering a move or have already packed your bags, understanding the working hours and legal framework in Germany is key to a smooth transition. Germany is known for its efficient work culture, and knowing the ins and outs of working time laws will help you navigate your new work environment with confidence. The German Working Hours Act, known as Arbeitszeitgesetz, is the primary legal framework governing working hours in Germany. This law is designed to protect the health and safety of employees by regulating their working time and ensuring adequate rest periods. In this guide, we'll cover everything from the standard workweek to overtime limits.

Arbeitszeitgesetz: German Working Time Act

The German Working Time Act (Arbeitszeitgesetz) sets clear rules on the maximum working hours per day and week, mandatory rest breaks, and special provisions for certain types of work. It applies to most employees in Germany, including both full-time and part-time workers, with specific exceptions for certain professions and industries.

The main goal of the German Working Time Act is to prevent excessive working hours that could lead to fatigue, stress, and health issues. By setting legal limits, the Act ensures that employees have enough time to rest and recover, promoting overall well-being and productivity.

Key provisions of the Act are:

• maximum working hours
• rest periods
• Sunday and public holiday work

The Arbeitszeitgesetz covers most employees in Germany, but there are specific exceptions. Certain professionals, such as executive employees and those in autonomous positions, may not be subject to these regulations. Additionally, industries with unique demands, like healthcare and emergency services, have tailored rules to accommodate their needs.

Average working week in Germany

In Germany, the standard workweek is typically five days, Monday through Friday. Most full-time employees work between 36 and 40 hours per week, spread over five days. The usual working hours are 9 am to 5 pm or 8 am to 4 pm, which can vary depending on the company and industry. Many companies offer flexible working hours or "flexitime," which allows workers to start and end their workday within a set range of hours.

Saturday and Sunday are generally considered weekends in Germany. While many businesses and offices are closed on Saturday, retail stores and services remain open. For those who work on Saturdays, it is usually part of a flexible or part-time schedule. Sunday is a legal day of rest. Most businesses, including stores and offices, are closed. This day is reserved for rest, family time, and leisure activities. Working on Sunday is generally prohibited, with few exceptions, such as emergency services, health care, hospitality, and certain continuous operations (e.g., factories that cannot shut down). Even in these cases, employers must provide a compensatory day off within a specified time period. Employees who work on Sundays or holidays are usually entitled to additional compensation, such as extra pay or compensatory time off.

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Maximum working hours in Germany

The Working Hours Act sets daily and weekly maximum limits to ensure that employees are not overworked and have adequate rest.

Standard working time in Germany per day 

Employees are generally allowed to work up to 8 hours per day. This can be extended to 10 hours, but only if the average working time over a six-month period does not exceed 8 hours per day.

Working hours in Germany per week

According to the German Working Time Act, employees should not work more than 48 hours per week. With the extension to 10 hours per day, employees can temporarily work up to 60 hours per week as long as the average over six months remains within the legal limits.

However, the standard full-time workweek is usually 40 hours, with a specific number of hours depending on the industry and the employment contract. 

Exceptions to the normal working hours in Germany

Certain industries, such as healthcare, emergency services, and hospitality, may have different regulations due to the nature of their work. Some sectors may have collective bargaining agreements that allow for different working hours as long as they still comply with overarching legal protections.

Companies may implement flexible working arrangements, such as flexitime or annual time accounts, which allow for variations in daily and weekly working hours while maintaining average limits over a period of time.

Overtime in Germany

Employees working in excess of their standard hours are considered overtime. The rules governing overtime, including compensation, are often set forth in individual employment contracts or collective bargaining agreements.

Overtime may be compensated in several ways, including additional pay, compensatory time off or a combination of the two. The details depend on the employer's policies and any applicable agreements.

Rest periods and breaks in part-time work & full-time work

The Arbeitszeitgesetz also ensures that you have enough time to rest and recharge during and between workdays. Taking your breaks and rest periods seriously is about maintaining your health and productivity and complying with the law: Taking regular breaks is a legal requirement in Germany.

Daily and weekly rest

• After 6 hours of work: You are entitled to a break of at least 30 minutes. This can be split into two shorter breaks of 15 minutes each if preferred.
• After 9 hours of work: Your break must be at least 45 minutes long. Again, this can be divided into shorter segments, but the total break time must be met.
• Minimum rest period: You are entitled to at least 11 consecutive hours of rest between the end of one workday and the start of the next. This period is crucial for ensuring you get enough sleep and personal time.
• Weekly rest: Generally, you should have at least one full day off per week. Sunday is typically a rest day in Germany, but if you work on Sundays, e.g., as a doctor in Germany, or on public holidays, your employer must provide a compensatory day off within a specific timeframe.

Rest periods for night shifts and hazardous work

Certain types of work have additional regulations to ensure safety and health. If you work during the night (between 11 PM and 6 AM), you may have additional rest requirements and health check-ups to ensure your well-being.

Jobs involving hazardous conditions may have stricter rest and break requirements to ensure your safety. Let's say you're working in a chemical plant where you're exposed to potentially dangerous substances. You might be entitled to shorter, more frequent breaks to reduce the risk of fatigue and exposure to harmful substances. You might also have longer rest periods between shifts. Instead of the standard 11 consecutive hours, your rest period could be extended to 12 or more hours to ensure you have ample time to recover.

Public holidays and vacation entitlements

Germany observes several public holidays throughout the year. Some holidays can vary by state, but most are nationwide such as.

• New Year’s Day (January 1)
• Good Friday (Friday before Easter Sunday)
• Easter Monday (Monday after Easter Sunday)
• Labour Day (May 1)
• Ascension Day (40 days after Easter)
• Whit Monday (Monday after Pentecost)
• German Unity Day (October 3)
• Christmas Day (December 25)
• Boxing Day (December 26)

On these days, businesses and offices are generally closed and employees are not expected to work. If you are required to work on a public holiday, your employer must provide you with a compensatory day off.

In addition to public holidays, you are also entitled to paid vacation days each year. According to the Federal Vacation Act (Bundesurlaubsgesetz), you are entitled to a minimum of 24 working days of vacation per year if you work a six-day week. For a five-day workweek, this translates to at least 20 vacation days. Many companies offer more generous vacation policies, ranging from 25 to 30 days per year. Check your employment contract or company policies for specific details.

If you cannot use all your vacation days within the year, many companies allow you to carry over unused days to the next year. However, there may be limits on how many days you can carry over and when they must be used.

Special provisions for minors, pregnant workers & employees with disabilities

Certain groups of employees in Germany are afforded additional protections and accommodations by law to ensure their safety and well-being. These provisions apply to minors, pregnant employees, parents, and employees with disabilities.

Minors (under the age of 18) generally may not work more than 8 hours per day or 40 hours per week. They must take a break of at least 30 minutes after 4.5 hours of work and 60 minutes after 6 hours of work. Night shifts are prohibited, with some exceptions for certain industries such as hospitality and baking.

Pregnant employees and new parents have additional rights to ensure their health and ability to care for their children. Expectant mothers are entitled to 6 weeks leave before the expected date of delivery and 8 weeks after the birth, during which they receive maternity pay. In addition, pregnant workers and those on parental leave are protected from dismissal from the beginning of pregnancy until four months after the birth. Both parents can take up to 3 years of parental leave until the child reaches the age of 8. This leave can be taken by either parent or shared between them.

To ensure that vulnerable groups receive the protection they need to work safely and effectively, there are additional provisions for employees with disabilities. For example, employees with severe disabilities (as recognized by the German authorities) are entitled to an additional 5 days of leave per year. In some cases, employees with disabilities may be entitled to work reduced hours without loss of pay if their disability significantly interferes with their ability to work full-time. This is usually determined through a medical evaluation and in consultation with the employer. Depending on the nature of the disability, employees may also need additional or longer breaks during the workday.

By the way, Larger companies (with more than five severely disabled employees) must have a disability representative. This person advocates for the rights and needs of employees with disabilities within the company.

What to do if employers violate the Working Time Act

Employers who do not comply with the regulations set forth in the German Arbeitszeitgesetz may face several penalties. First, violations of the Working Hours Act can result in significant fines. Depending on the severity of the violation, fines can range from a few hundred to several thousand euros. Repeat offenders or serious violations may be subject to higher penalties.

Employers may face criminal charges in extreme cases, particularly those involving gross negligence or endangering workers' health. This could result in higher fines or even imprisonment for those responsible.

If you believe your employer is violating the Arbeitszeitgesetz, there are several steps you can take:

• Internal reporting: Start by raising the issue with your supervisor, HR department, or works council. Many companies have internal procedures for handling such complaints.
• External reporting: If internal reporting does not resolve the issue, you can contact the local labor inspectorate (Gewerbeaufsichtsamt) or the relevant trade union. They can provide advice and, if necessary, initiate an investigation.
• Legal action: In serious cases, you may consider taking legal action. Labor courts (Arbeitsgerichte) in Germany handle disputes related to employment law, including working hour violations.

Good to know: Employees who report violations are protected by law from retaliation. Employers are prohibited from penalizing, dismissing or otherwise disadvantaging employees for reporting legitimate concerns about working hours.

Working time in Germany: Who is responsible for monitoring compliance?

Several key regulatory bodies and agencies work to maintain a fair and safe working environment in Germany. The responsibility for monitoring compliance with the German Working Hours Act lies primarily with the labor inspectorates (Gewerbeaufsichtsämter). These agencies conduct inspections and audits to ensure that workplaces adhere to working time regulations. They have the authority to make unannounced workplace visits, examine records, and interview workers to verify compliance.

In addition, trade unions are important advocates of workers' rights and are instrumental in ensuring compliance with the Hours of Work Act. They help workers report violations and can represent them in disputes with employers. Unions often have the resources and legal expertise to take on cases of working time violations.

In companies with a works council, the works council also monitors compliance with the law. The works council has the right to be informed and consulted on working time issues and can raise concerns on behalf of employees. They act as an internal mechanism to ensure that the company's practices comply with the law.