Taking a break at work is enormously important. Not only for a healthy body, but also for healthy togetherness. And yet: simply taking a break is hard work for many people. A high stress level, too many deadlines and enormous pressure of expectations make many employees work through their working days completely - huge mistake! People are not machines. We have summarised here why breaks are worthwhile, what the law stipulates, tips from experts and which tool is as flexible as your break habits.
Table of contents - What you can expect:
What is a break according to the law?
Exceptions to the statutory break regulation
Comply with statutory break regulations with ZEP
Break regulations for young people
Not only does your body tell you when it is time for a break, but the law also has strict rules about when you MUST take a break. This is regulated in the Working Hours Act § 4. If you work between six and nine hours a day, you must take a fixed rest period of at least (!) 30 minutes. If you work more than nine hours a day, you must interrupt your work for at least 45 minutes. And: The law requires a rest break after six hours at the latest - this applies even to the most dedicated workaholic.
However, employees can divide their breaks into several sections - the break does not have to be taken in one go.
A break within the meaning of the Working Hours Act is an interruption of working hours of a certain duration that serves to allow the employee to rest. Breaks do not count as working time and are therefore generally not remunerated. Smoking breaks are not recognised as breaks in the legal sense and are therefore also not paid.
There are various exceptions to break regulations in labour law. Deviations from the legally prescribed breaks are permitted in accordance with § 7 ArbZG permitted if they result from a collective agreement or a works agreement. For certain groups of people, such as executives or employees in the public sector, the statutory break regulations apply in accordance with § 18 ArbZG not.
Compliance with break times is not only in the interests of the employees, but also protects the company from sanctions. State offices for Occupational safety monitor compliance with the statutory break regulations and can carry out company audits. Employees have the right to report violations to the state authorities. In the event of violations, the employer faces Fines of up to 15,000 euros.
As an employer, you are obliged to ensure that your employees observe their break times. This can be done through a Electronic time recording system or manual records in which the start, breaks and end of work are documented. You should check these records regularly. If you notice that an employee is not complying with the break regulations, you can issue a warning.
Employers are generally liable for violations of the Working Hours Act. The employer is responsible for ensuring compliance with the legal provisions and can be fined up to 15,000 euros for non-compliance. Employees can also report violations, which can trigger an inspection by the state authorities.
The best break regulations are only half as good if they are not observed and documented. Because: With the BAG timepiece judgement the time recording obligation must be total working time (incl. all breaks) be recorded precisely. Are you still relying on Excel lists or handwritten timesheets? Eliminate this further source of stress and rely on a modern, web-based solution for Work time tracking.
With ZEP, you can record your times conveniently via browser or App - the statutory rest and break times are automatically recorded. This means for you: less stress and more time. As a ZEP user, you don't have to worry about the complexity of legal requirements. The functions in our tool are as flexible as your break habits. You configure your days in ZEP as you need them and comply with all legal regulations and requirements - completely intuitively.
In exceptional cases, rest breaks may count as working time and are then paid by the company. This is the case if this is regulated in the labour or collective agreement or for activities involving high physical strain. Additional short breaks of at least 5 minutes are necessary for such work and officially count as working time. Examples of such activities are shift work, assembly line work, night work, underground work and prolonged VDU work.
According to § Section 11 of the Youth Labour Protection Act young people may not work longer than 4.5 hours without a break. If they work for more than 4.5 hours, a break of 30 minutes is mandatory and if they work for more than six hours, a break of 60 minutes is mandatory. Rest breaks must last at least 15 minutes and should be taken no earlier than one hour after starting work and no later than one hour before finishing work.
As an employer, you must ensure that no work takes place during the breaks to ensure that young people can relax. You can find all further details on the Youth Labour Protection Act and the statutory break regulations for young people in our blog article Youth Labour Protection Act: These breaks will apply in 2024.
A break from work occurs unexpectedly if work is cancelled for technical or organisational reasons, such as a power failure. In contrast to the rest break, which is used for recreation and does not count as working time, the Break in operation to Working hours and will Paid by the company. The Working Hours Act therefore makes a clear distinction between these two types of breaks.
The German government is currently examining how a Law on the recording of working hourscan be implemented, including for smaller companies, without causing excessive bureaucracy. The results of this review are expected in 2024. One crucial point is the obligation to record working hours electronically, which was decided by the Federal Labour Court in 2022. This means that all companies in Germany are obliged to record working hours.
Your body sends you unmistakable signals when it's time for a break. Therefore, pay a little more attention to your "engine" in order to avoid Burnout and to prevent further (health) consequences.
In these cases, it's time for a break - for you too:
🤔 You can't concentrate.
😡 You are irritable.
😞 You are unmotivated.
😴 You are permanently tired.
😕 You are no longer ambitious.
🙁 You make mistakes.
The statutory break regulation is not just a legal requirement, but an essential measure for well-being and efficiency in the workplace. Breaks are crucial for reducing stress, increasing productivity and protecting the health of employees. The Working Hours Act sets out clear guidelines that both employees and employers should follow to avoid penalties. With flexible tools such as ZEP, adherence to break times is simplified and documented in a legally compliant manner, contributing to an improved work culture and a healthier working environment.
According to the Working Hours Act, break times do not count as working hours and are therefore not usually remunerated. Employees have the opportunity to relax during their breaks without this being financially rewarded. Smoking breaks are also not considered breaks in the legal sense and are therefore not paid.
The rest period under the Working Hours Act refers to an uninterrupted period of rest outside of working hours. It is used for regeneration and is important for the health and performance of employees. The duration of the rest period is defined by law and varies depending on working hours and legal requirements.
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 Servants Status Act (BeamtStG) and in specific state civil servant regulations. These regulate, among other things, working hours, breaks and rest periods for civil servants in the public sector.
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