The Working Hours Act (Arbeitszeitgesetz – ArbZG) regulates the working hours of employees in Germany. It aims to ensure the health and safety of workers by limiting working hours, setting minimum rest periods, and regulating night and shift work. Employers must comply with these regulations to avoid legal penalties and to promote a healthy work environment.
Key Provisions of the Arbeitszeitgesetz
1. Maximum Working Hours:
- The standard maximum working hours per day is 8 hours. However, it can be extended to 10 hours if the average working time does not exceed 8 hours per day over a six-month period (§ 3 ArbZG).
2. Rest Periods:
- Employees must receive a minimum of 11 consecutive hours of rest between working days (§ 5 ArbZG).
- For work periods of 6 to 9 hours, employees are entitled to a 30-minute break. If the work period exceeds 9 hours, a 45-minute break is required (§ 4 ArbZG).
3. Night Work and Shift Work:
- Night work is defined as work performed between 11 p.m. and 6 a.m. Night workers must receive additional health protections and regular health assessments (§§ 6 and 7 ArbZG).
- Shift work must be organized in a way that avoids or minimizes health hazards. Employers must provide adequate rest periods between shifts.
4. Working on Sundays and Public Holidays:
- Employees are generally prohibited from working on Sundays and public holidays, with some exceptions for specific industries and tasks. If work on these days is required, compensatory rest days must be provided (§§ 9-13 ArbZG).
Employer Responsibilities
1. Monitoring and Recording Working Hours:
- Employers are required to accurately record the working hours of employees, including any overtime. These records must be kept for at least two years (§ 16 ArbZG).
2. Compliance with Health and Safety Regulations:
- Employers must ensure that work schedules comply with health and safety regulations, including the provision of necessary breaks and rest periods.
3. Special Considerations for Vulnerable Workers:
- Additional protections are in place for young workers, pregnant women, and employees with health issues. Employers must adapt work schedules to meet these special needs.
4. Ensuring Rest and Recovery:
- Employers must arrange work in such a way that employees have adequate rest and recovery time. This includes organizing work schedules to prevent excessive strain and fatigue.
Recent ECJ Decision and Its Impact
A significant decision by the European Court of Justice (ECJ) in 2019 (Case C-55/18) emphasized the need for member states to ensure that employers implement an objective, reliable, and accessible system for recording working hours. This ruling aims to protect workers’ rights to rest periods and limit maximum working hours, enhancing overall compliance with labor laws.
The ECJ decision has led to increased scrutiny on how working hours are recorded and monitored in Germany. Employers are now more accountable for maintaining accurate records and ensuring that work schedules comply with the law.
Checklist for Employers
1. Establish a System for Recording Working Hours:
- Implement an accurate and reliable system to track the working hours of all employees, including overtime and breaks.
2. Regularly Review Work Schedules:
- Ensure that work schedules comply with the legal maximum working hours and required rest periods.
3. Provide Training and Information:
- Educate employees about their rights under the ArbZG and the importance of adhering to prescribed working hours and rest periods.
4. Conduct Health and Safety Assessments:
- Regularly assess the health and safety implications of work schedules, particularly for night and shift workers.
5. Adapt to Special Circumstances:
- Adjust work schedules for vulnerable workers, such as young employees, pregnant women, and those with health conditions, to ensure their protection.
6. Maintain Compliance Records:
- Keep detailed records of working hours and rest periods for at least two years, as required by law.
Legal Support and Services
WW+KN, a Baker Tilly Company, offers comprehensive payroll services, ensuring compliance with all aspects of employment law. For legal issues related to working hours and compliance with the ArbZG, our colleagues from Baker Tilly Legal provide expert advice and representation. We act as a single point of contact for our clients, coordinating seamlessly between payroll and legal services to address all your employment-related concerns efficiently.
For further inquiries or personalized advice, contact WW+KN at info@payrollgermany.de. We are dedicated to supporting you with all your payroll and employment law needs.