In its ruling of February 12, 2025 (Ref. 5 AZR 51/24), the Federal Labor Court (BAG) decided that an automatic break deduction in the electronic time recording system does not automatically prove that employees have actually taken breaks.
In the specific case, a part-time assistant doctor whose duty roster provided for a daily working time of six hours complained. However, she actually worked significantly longer on several days. Irrespective of this, the clinic automatically deducted a rest break of 30 minutes, for example, in the time tracking system. The doctor claimed that she had not been able to take this break due to the high workload and had continued to work in the meantime.
➡️ The Federal Labor Court overturned the decision of the Regional Labor Court and referred the case back for a new hearing. It found that the employer could not prove when breaks were actually taken by means of a flat-rate automatic break deduction and that the employee had initially provided sufficient evidence of her overtime.
In this article, you can find out what the ruling means in practice and which points are important when it comes to break management.
What the ruling means in practice ✔️
Obligation for traceable time tracking and documentation
- Employers may not simply work with an automatic break deduction. They must document when employees have taken a break and when they have not. Breaks must be verifiably recorded as such.
- For part-time employees who regularly perform additional work or whose working hours can be flexibly extended, this means that break regulations must be dynamic, transparent and verifiable. Automatic break regulations are not enough.
Risk of additional claims and additional payments ⚡
- If it happens that breaks were not taken, for example because the work did not allow it, the automatically deducted break can be considered working time. Employees could then claim compensation for these times, possibly even with a supplement (depending on the collective agreement, works agreement or supplement regulation).
- The ruling particularly affects areas covered by collective agreements, but the principles are also relevant for other sectors – especially in the case of part-time work, shift work or flexible working hours.
Consequences for time recording systems and works agreements ❕
- Companies should check whether their time recording systems allow for the actual recording of breaks(stamping of “break start” and “break end” instead of only automatic, flat-rate deduction).
- Company or service agreements with rigid “fixed breaks” may need to be revised – especially if work assignments are flexible or can be extended spontaneously.
- Employers should ensure that they can clearly demonstrate when breaks were taken in the event of a dispute. Otherwise, the assumption of overtime by employees can be confirmed in court.
Why the ruling on automatic break deductions is also relevant for non-medical professionals
Even if the specific case took place in the hospital sector, the principles are far-reaching:
- The requirements for working time recording and documentation apply in principle to many industries – especially those with part-time, flexible working hours or shift work.
- For HR departments and management, this means that anyone working with electronic time tracking should plan a break recording system that leaves no room for doubt. Systems with purely automatic break deduction are legally risky.
- The ruling underlines that breaks are not only relevant to health and safety at work, but can also have considerable consequences in terms of remuneration and liability if they are not documented correctly.
The health aspect: why good break management is crucial
In addition to the legal basis, the health effects of missing break time should not be ignored. In everyday working life, we come across possible excuses time and again: a spontaneous appointment during the actual break time, an important delivery or“simply forgetting“. According to a study by the Federal Institute for Occupational Safety and Health, around a third of employees often do not take their statutory breaks.
What is often tolerated as an exception can become a problem for our mental and physical health in the long term: this can result in a reduced ability to concentrate, an increase in physical stress reactions (e.g. headaches) and even an increased risk of burnout or musculoskeletal problems.
The solution is obvious: take breaks. More precisely: the right way to deal with our break time, so-called“break management“.
The optimal break 💡
- Short, frequent breaks (e.g. 5 minutes per hour) are often more effective than infrequent long breaks.
- A recovery break after about 70-80 minutes of concentrated work
- Movement breaks (e.g. stretching, short walks) reduce tension and aid recovery.
- Leaving the workplace or deliberately switching off the screen can increase the relaxation effect.
It often helps to enter break times firmly in the calendar and thus create visible space for them. The Pomodoro technique has proven its worth as a support during focus phases. This is a time management method that uses time intervals to balance work and break times.
Conclusion: A signal for more transparency
With its ruling 5 AZR 51/24, the BAG sends a clear signal: breaks are more than just a formal block in the duty roster – their actual use must be verifiable. For employers, this means that time tracking and break regulations must not be handled half-heartedly.
Especially for companies with flexible working hours, part-time or shift models, clean, traceable time tracking is now mandatory – both from the point of view of labor and collective bargaining law as well as for compliance and liability reasons.
The consequences for health and safety at work should also be taken into account. Breaks are not a loss of productivity, but a key protective factor for performance, health and long-term job satisfaction.
If you would like to find out how break regulations can be mapped in a digital time tracking system in a legally compliant manner and how digital time tracking can be designed for different workplaces, please contact us.
