What does a break regulation include?
A break regulation describes the legally prescribed rest breaks that employees must take during their working hours. These breaks are intended for recreation and to maintain the health and performance of employees. The legal requirements for this are set out in the Working Hours Act (ArbZG).
Statutory break times in accordance with the Working Hours Act
The Working Hours Act (§ 4 ArbZG) regulates the minimum break times for employees in Germany.
- For working hours of more than 6 and up to 9 hours: at least 30 minutes break.
- For working hours of more than 9 hours: at least 45 minutes break.
These breaks can be divided into periods of at least 15 minutes each. It is important to note that employees may not work longer than six hours without a break.
Break regulations in practice
How breaks are implemented in everyday working life depends on the respective company and its internal regulations. As a general rule, breaks must be designed in such a way that they serve the purpose of actual recovery – this means that they should not be taken immediately at the beginning or end of working hours.
There are different models in practice:
- Fixed break times: For example, a break of 30 minutes is automatically deducted after six hours of work – regardless of whether it was actually taken.
- Variable time slots: Employees can take their break flexibly within a fixed time frame (e.g. between 10:00 and 14:00).
- Free break organization: With particularly flexible working time models, the break can be freely chosen as long as legal requirements are met.
Regardless of the model, the following applies: During the break, employees are completely released from the obligation to work and are free to organize this time as they wish. As a rule, breaks do not count as paid working time.
Special regulations for young people
Stricter break regulations apply to employees under the age of 18 in accordance with the German Youth Employment Protection Act (JArbSchG).
- For working hours of more than 4.5 hours and up to 6 hours: at least 30 minutes break.
- For working hours of more than 6 hours: at least 60 minutes break.
These breaks must be taken no earlier than one hour after the start of work and no later than one hour before the end of work.
Break regulations for part-time employees
Part-time employees have the same entitlement to breaks as full-time employees, depending on their daily working hours.
- Up to 6 hours working time: no statutory break.
- More than 6 and up to 9 hours: at least 30 minutes break.
- More than 9 hours: at least 45 minutes break.
However, employers can voluntarily grant (paid) breaks even for shorter working hours in order to promote the health and performance of their employees.
Digital support through time management systems
Modern time management systems, such as the solutions from ZMI, enable precise recording and management of working and break times. This helps companies to comply with legal requirements and provides employees with transparency about their working hours. Digital documentation also makes it easier to provide evidence to supervisory authorities.
Conclusion
Compliance with statutory break regulations is essential for the health and safety of employees and the legal security of companies. With clear guidelines and the support of digital tools, breaks can be planned and documented effectively, which benefits both employers and employees.