What is the Working Hours Act (ArbZG)?
The Working Hours Act (ArbZG) is a German federal law that regulates the working hours of employees. It serves to protect the health and safety of employees by stipulating maximum working hours, rest breaks and rest periods as well as rest on Sundays and public holidays. It also forms the legal framework for flexible working time models and the recording of working time.
Objective and area of application
The aim of the ArbZG is to ensure the safety and health protection of employees when organizing working hours. It applies to all employees, including trainees, with the exception of certain occupational groups such as senior executives, chief physicians or civil servants.
Central regulations
1. daily and weekly working hours
- The working day may not exceed eight hours. It may be extended to up to ten hours if an average of eight hours per working day is not exceeded within six months or 24 weeks.
- A six-day week results in a maximum weekly working time of 48 hours. If, in exceptional cases, 10 hours of work per day are permitted, the maximum weekly working time is increased to 60 hours.
2. breaks and rest periods
- If the working time is between six and nine hours, a break of at least 30 minutes is mandatory. For more than nine hours, the break must be at least 45 minutes.
- After the end of the daily working time, an uninterrupted rest period of at least eleven hours must be observed.
3. work on Sundays and public holidays
- In principle, employees may not be employed on Sundays and public holidays. Exceptions apply to certain sectors such as emergency and rescue services, catering and agriculture.
4. night work
- Night work is any work that is performed for at least two hours between 11:00 pm and 6:00 am. Special protective regulations apply to night workers.
5. recording of working time
- Employers are obliged to keep records of working hours in excess of the working day of eight hours as well as all working hours on Sundays and public holidays. These records must be kept for at least two years.
Exceptions and special regulations
The ArbZG allows deviations from the general regulations in certain cases, for example through collective agreements or official approvals. For example, longer working hours or shorter rest periods can be agreed in some sectors, provided that employee health protection is guaranteed.
Legal consequences of violations
Violations of the Working Hours Act can be punished as administrative offenses with fines of up to 15,000 euros. Intentional or repeated violations that endanger the health of employees may even result in criminal prosecution.
Conclusion
The Working Hours Act ensures that working hours in Germany are structured in such a way that they protect the health and safety of employees. At the same time, it offers companies the opportunity to organize working hours flexibly as long as the legal requirements are met.