Statutory break periods, known as rest breaks in German labor law, are mandatory interruptions in the daily working hours designed to provide employees with necessary rest and recovery time. These regulations are primarily outlined in Section 4 of the Working Hours Act (Arbeitszeitgesetz). The purpose of these provisions is to protect employees' health, prevent fatigue, ensure workplace safety, and ultimately maintain both concentration ability and long-term productivity. These breaks must be scheduled in advance, during which employees are not required to perform any work duties and can freely dispose of their time as they wish. These break periods are not considered part of paid working hours.
The minimum duration of statutory break periods depends on the total length of the daily working hours.
- For work shifts lasting between six and nine hours, employees are entitled to a total rest break of at least 30 minutes.
- For work shifts longer than nine hours, the mandatory minimum break time increases to a total of 45 minutes.
- For work shifts of six hours or less, there is no legal entitlement to a rest break.
The mandatory total break time can be divided into intervals of at least 15 minutes each. It's important to note that these breaks must actually be used to interrupt work and cannot be scheduled at the beginning or end of the workday to arrive later or leave earlier. The breaks must effectively interrupt the working time. This should be distinguished from daily rest periods.time(Section 5 of the Working Hours Act), which mandates an uninterrupted rest period of at least eleven hours between the end of one workday and the beginning of the next, as well as any paid short breaks that may be stipulated by collective agreements or company policies (e.g., for computer screen work) and count as working time.
Different, often stricter regulations apply to certain groups of people. Of particular note are young people under 18 years of age, for whom the Youth Employment Protection Act (JArbSchG) Section 11 mandates longer break periods: 30 minutes for working times between four and a half to six hours, and 60 minutes for working times exceeding six hours. Collective bargaining agreements or workplace agreements may also contain break regulations that deviate from the statutory requirements, though these can only be more favorable for employees (i.e., longer breaks or differently distributed break times). However, these arrangements must never fall below the minimum legal standards.
Employers are responsible for ensuring that statutory break times are observed. They must not only grant breaks but also ensure that employees are actually able to take them. This includes appropriate work organization and break scheduling. In light of the debate around mandatory time tracking, documenting compliance with break periods has also come into sharper focus. Ensuring these regular breaks is thus more than just a legal obligation; it is a fundamental component of occupational health and safety and a sign of responsible corporate management that contributes to the health and satisfaction of the workforce.