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Employment Law

Statutory break regulations: Labor law requirements!

Breaks at work are important for health and productivity, experts recommend regular short breaks, legislators require rest and break periods - ZEP makes time tracking easier and supports legal break regulations.

Tanja Hartmann
Content Marketing Manager
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Taking a break at work is extremely important. Not only for a healthy body, but also for healthy cooperation. And yet: Simply taking a break is hard work for many people. High stress levels, too many appointments and enormous pressure of expectations make many employees work through their working days completely — huge mistakes! Man is not a machine. Here we have summarized why breaks are worthwhile, what the legislator requires, tips from experts and which tool is as flexible as your break habits.

Labor Law: This is What the Legislator Requires

Not only does your body tell you when it’s time for a break – the law does too. This is clearly regulated in the German Working Hours Act (§ 4 ArbZG):

✅ For working hours between six and nine hours, a minimum break of 30 minutes is mandatory.

✅ For working hours exceeding nine hours, at least 45 minutes of break time is required.

✅ A break must be taken no later than after six hours of work – even for the most dedicated workaholic.

💡 Flexibility with breaks: You can split your break time into several segments, as long as each one is at least 15 minutes long.

ℹ️ Sample calculation:

You start work at 8:00 AM. By 2:00 PM at the latest, you must take a 30-minute break. You can split this break, for example, as follows:

🕛 12:30–12:45 PM → First short break
🕧 1:45–2:00 PM → Second short break

What is a break according to the law?

A break, as defined by the German Working Hours Act (ArbZG), is a clearly designated interruption of working time intended for rest. Important: Smoking breaks do not count as statutory breaks and are therefore not compensated.

Why regular breaks boost productivity

Studies show that regular short breaks significantly enhance concentration, creativity, and performance. Working for extended periods without a break does not increase productivity—instead, it leads to more mistakes and quicker fatigue.

Practical tips for restful breaks:

Get moving → A short walk gets your circulation going.

Get some fresh air → Oxygen supports concentration.

Take screen breaks → Especially important if you work a lot on a computer.

Power nap (10–15 minutes) → Proven to boost cognitive performance.

Business benefits:

🔹 Reduced risk of burnout and fewer sick days

🔹 Higher motivation and improved team morale

🔹 Long-term increase in productivity through more focused work

Automatic break deduction

Recording breaks is a challenge for many companies—especially with flexible work models or remote work. An automated break rule can help here:

Advantages of automatic break deduction:

⚙️ Efficiency → No manual input required, reduced admin effort

🎯 Accuracy → Automated calculation minimizes errors

👥 Transparency → Both employees and employers stay informed

Legal compliance → Ensures adherence to statutory break rules

📌 Modern time tracking systems integrate this function seamlessly and help businesses easily implement legal requirements.

Special regulations: These deviations are allowed!

German labor law allows certain exceptions to the statutory break regulations. Deviations from the legal breaks are permitted under §7 ArbZG if they arise from a collective agreement or works agreement. For specific employee groups, such as executive staff or public service workers, the break regulations under §18 ArbZG do not apply.

Legal consequences: Who is liable in case of violations?

The employer is responsible for ensuring compliance with break regulations. In case of violations, the following may occur:

🚨 Fines of up to €15,000

🚨 Audits by the regional labor protection authorities

🚨 Possible warnings for employees who do not comply with break rules

Employers must monitor adherence to break times—either via electronic time tracking or manual logs.

Comply with legal break regulations using ZEP

The best break policy is useless if it isn’t followed or documented. Due to the Federal Labor Court’s ruling on mandatory time tracking, all working hours (including breaks) must be recorded accurately. Still using Excel sheets or handwritten time logs? Eliminate this stress factor and switch to a modern, web-based time tracking solution.

With ZEP, you can easily track your hours via browser or app - statutory rest and break times are recorded automatically. That means: less stress and more time. As a ZEP user, you don’t have to worry about legal complexities. Our tool’s features are as flexible as your break habits. Configure your workdays in ZEP the way you need while remaining compliant—intuitively.

5 Ultimate ZEP Hacks

1. Automatic break deduction

Want to make sure your employees always take the legally required minimum breaks? Set up automatic break deduction in ZEP Clock. If someone forgets to take part or all of their break, ZEP Clock will automatically deduct the required break from their time account.

2. Run reports in the background

With ZEP Clock, you can analyze employee work times from multiple perspectives. Some reports are needed regularly—run them in the background and schedule automatic delivery to you or your employees, specifying time frame, format, and recipients.

3. Task: Auto clock-out

You know the situation: someone forgets to clock out at the end of the day, and you’re left fixing it afterward. Just set up the task “Auto clock-out for all employees” and ZEP Clock will clock out anyone who forgot—at a set time or after a certain duration. Both you and the affected employee will be notified.

4. Create activity lists in the app

In addition to location tracking, you can also set up an activity list in the ZEP Clock app to track exactly what employees are doing. You decide what options are available—e.g., “Office”, “Home Office”, or even creative ones like “Client Visit”, “Client A”, “Client B”. Employees select an activity when clocking in, and you can analyze time based on those categories.

5. Exclude time with fixed breaks

Want to prevent employees from logging hours before their actual start time? Use “Fixed breaks” in the break settings. For example, if you set a break from 2 AM to 8 AM, and someone clocks in at 7:30 AM for coffee, their work time won’t start until 8:00 AM.

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6 Signs You Need a Break

Your body sends unmistakable signals when it’s time to take a break. Pay closer attention to your internal “engine” to prevent burnout and other (health-related) consequences.

It’s time for a break if:

🤔 You can’t concentrate.

😡 You’re irritable.

😞 You feel unmotivated.

😴 You’re constantly tired.

😕 You’ve lost your ambition.

🙁 You’re making mistakes.

Conclusion

Regular breaks aren’t a waste of time – they’re essential for your health, focus, and long-term productivity. Legal requirements provide clear structure, but only with efficient implementation in everyday work can breaks reach their full potential.

Companies that rely on digital time tracking solutions like ZEP benefit from greater transparency, automated break management, and legally compliant documentation. This way, complying with statutory break regulations becomes less of a burden—and more of a real competitive advantage.

FAQs

Are breaks paid?

According to the Working Hours Act, breaks do not count as working time and are therefore usually not remunerated. During their breaks, employees have the opportunity to recover without being financially rewarded. Smoking breaks are also not regarded as breaks in the legal sense and are therefore not paid.

What does rest time mean?

The rest period under the Working Hours Act means an uninterrupted period of rest outside working hours. It is used for regeneration and is important for workers' health and performance. The length of the rest period is defined by law and varies depending on working hours and legal requirements.

Which working time law applies to civil servants?

Civil Servants in Germany are not directly subject to the Working Hours Act (ArbZG), but have their own regulations, which are set out in the Civil Service Status Act (BeamTStG) and in specific state civil service regulations. These regulate, among other things, working hours, breaks and rest periods for civil servants in the public sector.

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