Germany Working Time Law: Hours, Breaks & Minimum Wage

Germany is widely known as one of the countries with strong employee protections and a strict framework for managing working hours. The German Working Time Act (Arbeitszeitgesetz, ArbZG) regulates maximum daily working hours, mandatory breaks, and a minimum continuous rest period of 11 hours.

In this article, we will look at the key requirements of the German Working Time Act, including statutory working hours, breaks and rest periods, the minimum wage, night work premiums, and practical examples of how these rules apply in the workplace.

In Germany, working hours are regulated by the Working Time Act (Arbeitszeitgesetz, ArbZG).

The Act establishes rules for managing working hours, including daily working hours, breaks, continuous rest periods, and night work.

The German Working Time Act is designed not simply to limit working hours, but to legally guarantee minimum safeguards that allow employees to recover physically and mentally. One notable feature is that the Act applies not only to permanent and contract employees but also to trainees undergoing vocational training. Key concepts related to working time under the Act include the following.

• Calculation of working time: Working time is measured from the beginning to the end of work, excluding breaks. An important point to note is that if an employee works for more than one employer, the working hours from all workplaces must be combined when determining compliance with statutory limits.

• Employees covered by the Act: The Act applies not only to employees receiving regular wages but also to trainees currently undergoing vocational training.

• Definition of night work: Nighttime generally refers to the period between 11:00 p.m. and 6:00 a.m. the following day. For certain industries that begin work early, such as bakeries and confectioneries, nighttime is defined as the period between 10:00 p.m. and 5:00 a.m.

💡 Relevant Legislation
- Arbeitszeitgesetz (ArbZG) § 2 Begriffsbestimmungen (1)
- Arbeitszeitgesetz (ArbZG) § 2 Begriffsbestimmungen (2)
- Arbeitszeitgesetz (ArbZG) § 2 Begriffsbestimmungen (3)

The German Working Time Act clearly sets out statutory limits on daily working hours and requirements for breaks.

• Daily working hours: As a general rule, working hours may not exceed 8 hours per day. However, they may be temporarily extended to a maximum of 10 hours per day, provided that average daily working hours do not exceed 8 hours over a period of 6 months or 24 weeks.

• Mandatory breaks: Employees must take predetermined breaks during the workday. If total working time exceeds 6 hours but does not exceed 9 hours, a break of at least 30 minutes is required. If working time exceeds 9 hours, the minimum break is 45 minutes. These breaks do not have to be taken all at once and may be divided into periods of at least 15 minutes each.

• Continuous rest period: After completing a workday, employees must be provided with at least 11 consecutive hours of rest before beginning work again the following day.

💡 Relevant Legislation
- Arbeitszeitgesetz (ArbZG) § 3 Arbeitszeit der Arbeitnehmer
- Arbeitszeitgesetz (ArbZG) § 4 Ruhepausen
- Arbeitszeitgesetz (ArbZG) § 5 Ruhezeit (1)

According to an announcement by the German federal government, the minimum wage increased to EUR 13.90 as of January 1, 2026. This represents an increase of approximately 8.42%, with a further increase to EUR 14.60 scheduled for 2027.

• Protection for night workers: As a general rule, night workers may not work more than 8 hours per day. However, working hours may exceptionally be extended to 10 hours if the average daily working time does not exceed 8 hours over a period of one month or 4 weeks.

• Night work premium: Section 6(5) of the German Working Time Act specifies only that employees must receive an ‘appropriate premium’ without setting a specific rate. Decisions by the German Federal Labour Court can provide guidance on the applicable level. In its decision 10 AZR 423/14, the Federal Labour Court (BAG) held that, in the absence of a collective agreement, an appropriate premium for night work is generally 25%. The court also stated that the premium may be increased to 30% where the intensity of the work is considered substantially higher, such as in cases of permanent night work.

• Work on Sundays and public holidays: As a general rule, employees may not work between 12:00 a.m. and 12:00 a.m. on Sundays and statutory public holidays. However, exceptions apply to certain industries and activities where operations cannot be interrupted, such as energy supply, firefighting, and work that cannot be performed on weekdays. Employees who work on a Sunday must be provided with a substitute rest day within 2 weeks, while employees who work on a public holiday must receive a substitute rest day within 8 weeks.

💡 Relevant Legislation
- Arbeitszeitgesetz (ArbZG) § 6 Nacht- und Schichtarbeit (2)
- Arbeitszeitgesetz (ArbZG) § 6 Nacht- und Schichtarbeit (5)
- Arbeitszeitgesetz (ArbZG) § 9 Sonn- und Feiertagsruhe (1)
- Arbeitszeitgesetz (ArbZG) § 11 Ausgleich für Sonn- und Feiertagsbeschäftigung (3)

💡 Reference: Federal Labour Court decision 10 AZR 423/14

Under the German Working Time Act, daily working hours may be extended to a maximum of 10 hours, provided that average daily working hours do not exceed 8 hours over a period of 6 months or 24 weeks.

• Scenario: An employee on the marketing team works 10 hours per day from Monday through Wednesday ahead of a new product launch.

• Application: Working the full statutory maximum of 10 hours is permitted. However, the company must adjust the employee's subsequent work schedule so that their average daily working time over 6 months or 24 weeks does not exceed 8 hours. In other words, once the busy period has passed, the employee may need to finish earlier on Friday or work fewer hours on other days to bring the average back within the statutory limit.

Breaks are not simply interruptions to the workflow, but minimum safeguards required by law. The German Working Time Act requires employees to receive minimum breaks based on the length of their working time.

• Scenario: A developer starts work at 9:00 a.m. and plans to remain at the office until 8:00 p.m., with a total of 10 working hours.

• Application: Because the employee's actual working time exceeds 9 hours, the company must provide at least 45 minutes of breaks. The employee may take the full 45 minutes at lunchtime or divide the break into 15 minutes at 11:00 a.m. and 30 minutes at lunchtime.

One of the requirements that can easily be overlooked is the interval between the end of one workday and the beginning of the next. The German Working Time Act requires at least 11 consecutive hours of rest between the end of work and the start of the next work period.

• Scenario: A sales manager finishes work later than usual at 11:00 p.m. because of a video conference with an overseas branch.

• Application: Under the German Working Time Act, the employee must have 11 uninterrupted hours of rest after finishing work. This means the earliest the employee may begin work the following day is 10:00 a.m..

The German Working Time Act provides a structured framework that protects employees' health while allowing a degree of flexibility through agreements between employers and employees. Sophisticated attendance management that complies with statutory requirements is no longer optional, but an important part of effective business operations.

Companies operating overseas workplaces should establish attendance management processes that systematically manage clock-in and clock-out records, overtime, and break times in accordance with the working time requirements of each country. Using an attendance management system such as Shiftee can help companies manage working time records and attendance data based on country-specific working time standards.