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The obligation to record working hours has come into force and suddenly you notice that your employees are not taking their breaks? This can have serious consequences for you and your company.
The 2022 ruling of the Federal Labor Court is based on the Occupational Safety and Health Act. Based on the employers' duty of care, the Federal Labor Court ruled that the working hours of employees in all companies in Germany must be recorded. This is the only way to ensure that employers fulfill their duty of care and that the Occupational Safety and Health Act and thus the Working Hours Act are complied with. This also includes compliance with legally prescribed breaks and rest periods.
You can find out more about the obligation to record working hours and the first draft of the law here.
Rest and break times: what is the difference?
The law clearly distinguishes between a rest break and a rest period. Rest periods are the times between the end of one work shift and the start of a new one. Rest breaks or break periods, on the other hand, are the interruptions in a work shift.
What are breaks and rest periods for?
Breaks ensure that employees remain focused and productive Cell Phone Number Database even after working for several hours. Rest periods in particular help employees to regenerate and ensure safety and health. This is why rest breaks are particularly important for physical work and shift work.
How long these must be observed is also specified by law:
Overview of break times
Legal requirements for break times
The Working Hours Act (ArbZG) stipulates that employees must take a certain amount of time off from their daily working hours. According to the ArbZG, employers are obliged to ensure that employees adhere to this.
Postponing breaks in order to be able to finish work earlier is already a violation of the ArbZG.
How long a break must be depends on the length of the working time. A distinction is made between working hours of less than six hours, six hours or more and nine hours or more, as well as the age of the employee.
Up to six hours
If you work up to six hours at a time, breaks are not required by law. However, there is nothing wrong with taking them anyway to improve your performance.
From six hours
If you work between six and nine hours, you are legally entitled to a 30-minute break. You can also split this break into two 15-minute breaks. What is not allowed, however, is to split the break into 10 and 20 minutes!
More than nine hours
If you work for nine hours or more, you are entitled to at least a 45-minute break. This can also be split into 15-minute breaks. However, working for more than six hours without a break is not legal!
minors
The legal regulations for young people are somewhat different: According to the Youth Employment Protection Act, special exceptions must be made for minors. After a working time of 4.5 hours, young people under 18 must take a break of at least 30 minutes. After six hours, they are even obliged to take a break of over an hour.
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