Shift work is no longer a special case in SMEs: production, logistics, healthcare, retail or technical services – even in times of New Work, many companies rely on flexible but systematized working time models. working time models but systematized working time models.
However, shift planning is subject to clear legal requirements. The basis for this is the Working Hours Act (ArbZG). Errors can not only result in fines, but also liability risks for the management.
This article shows which requirements companies must observe when planning shifts – and how legally compliant planning can be implemented in practice.
Objective of the Working Hours Act for shift work
The Working Hours Act pursues two central objectives:
- Protecting the health of employees
- Ensuring fair working conditions
Shift work in particular – especially night and rotating shifts – poses an increased health risk. This has been proven by various studies, including a scoping review by HAW Hamburg. This is why the Working Hours Act contains special protective mechanisms.
For companies, this means that shift models must not be planned solely on the basis of operational efficiency – they must be permissible under working time legislation.
Maximum working hours: What is permitted?
Basic rule according to § 3 ArbZG
- Maximum 8 hours per working day
- Extension to up to 10 hours possible if an average of 8 hours is not exceeded within 6 calendar months or 24 weeks
Important: “Working day” means Monday to Saturday. This results in a maximum weekly working time of 48 hours (6 × 8 hours).
Relevance for shift planning
Typical errors in practice:
- 12-hour shifts without compensation
- Missing average calculation
- Overrun due to unplanned additional work
In production companies in particular, breaches often occur due to short-term staff shortages.
Rest periods between shifts
Legal requirements according to § 5 ArbZG
At least 11 hours of uninterrupted rest after the end of the daily working time are specified.
Exceptions only apply in certain sectors (e.g. hospitals, gastronomy), but the times must be compensated.
Problem area in practice
Example:
- The late shift ends at 22:00
- The early shift starts at 06:00 the next day
That is only 8 hours of rest and therefore a clear violation of the Working Hours Act. Such constellations often arise with manual or Excel-supported shift planning.
Night work and special protective regulations
Night work is defined as working hours of more than 2 hours between 11 p.m. and 6 a.m. (in bakeries: 10 p.m. to 5 a.m.).
Special requirements
- Limitation to an average of 8 hours
- Entitlement to an occupational medical examination
- Entitlement to appropriate compensation (bonuses or days off)
For companies, this means that night work must not be made more stressful than average on a permanent basis.
Work on Sundays and public holidays
According to Section 9 ArbZG, Sundays and public holidays are generally exempt from employment. However, there are exceptions to this principle, including for production companies, hospitals, transport companies or the catering industry, where employment on Sundays and public holidays is permitted for operational reasons.
In these cases, employees who work on Sundays are entitled to a replacement rest day within two weeks.
In addition, work on Sundays and public holidays is subject to mandatory documentation. Systematic and forward-looking compensation planning is therefore necessary, especially in shift work, in order to reliably comply with legal requirements.
Documentation requirements for employers
Since the rulings of the European Court of Justice (ECJ) and the Federal Labor Court at the latest, it has been clear that employers are obliged to systematically record their employees’ working hours. This applies in particular to overtime, additional work and deviations from the shift schedule.
Purely informal or merely organizational planning no longer meets the legal requirements.
👉 Instead, companies must document the start, end and duration of daily working hours, avoid possible violations in a comprehensible manner and be able to provide information at any time in the event of an official inspection.
Co-determination of the works council
In companies with a works council, the following applies: According to Section 87 (1) No. 2 BetrVG, the works council has a right of co-determination regarding the start and end of daily working hours, the distribution over the weekdays and the introduction of shift models. Shift planning without participation may be ineffective.
Typical errors in shift planning in practice
In practice, the following problem areas regularly arise:
- Insufficient verification of the 11-hour rest period
- No average calculation for 10-hour days
- Lack of documentation of additional work
- Manual plan changes without system check
- Unclear responsibilities between HR and the specialist department
These errors often occur with Excel-based planning, isolated stand-alone solutions without time recording integration and a lack of transparency regarding actual and planned times.
4 tips for legally compliant shift planning
There are four important points that companies should pay attention to when introducing and implementing legally compliant shift planning:
1. automated checking of legal limits
Systems should check maximum working hours, monitor rest periods and display warnings in the event of violations.
2. integration with time tracking
Violations can only be reliably avoided if planned and actual times are compared. The integration of a smart time tracking solution is essential.
3. transparent documentation
Audit-proof storage, traceable evaluations and simple export options for audits are important. The documentation should be transparent.
4. clear responsibilities
HR, managers and management must know their respective duties – and clearly communicate their responsibilities.
Conclusion: shift planning is a management and liability issue
Shift planning is not just an organizational task – it is a compliance issue with liability relevance. The Working Hours Act sets out clear requirements for maximum working hours, rest periods, night work, work on Sundays and public holidays as well as documentation obligations.
In practice, violations occur less intentionally than due to a lack of system support. An integrated solution that combines shift planning, time tracking and legal audit mechanisms creates legal certainty, transparency, relief for HR and planning security for management.
