The Arbeitszeitgesetz: legal limits on your working time

Germany's Arbeitszeitgesetz (Working Hours Act) is federal law that protects your health and well-being by setting strict limits on how long you can work each day, when you must take breaks, and how much rest you must get between shifts. If you are an expat, student, or family member working in Germany, understanding these rules is essential—both to protect your rights and to avoid costly violations that can land your employer in serious legal trouble.

The Daily Maximum: 8 Hours, Extendable to 10

The cornerstone of German working-time law is straightforward: you cannot legally work more than 8 hours per day. However, there is one important caveat. Your daily hours can be extended to up to 10 hours on any given day, provided that the average over a 6-month period (or 24 weeks) does not exceed 8 hours. This averaging mechanism allows employers to flex schedules seasonally—for example, longer days before a deadline—as long as they compensate with shorter days later. Under no circumstances can you work more than 10 hours in a single day, regardless of how much shorter time you work in other weeks.

This means your employer must track your actual working time and monitor the 6-month rolling average. If an employer tries to impose a contract clause saying you agree to work 12 hours daily, that clause is void—the law is mandatory and cannot be overridden by individual agreements. Your statutory right to the 8-hour limit is non-waivable, even if you volunteer to work longer.

Mandatory Breaks: Unpaid but Non-Negotiable

German law recognizes that working without interruption causes fatigue and reduces productivity and safety. For this reason, breaks are not optional—they are mandatory and you have a legal right to them.

Break Duration Rules

• After 6 hours of work: a minimum break of 30 minutes (which can be split into two 15-minute breaks)
• After 9 hours of work: a minimum break of 45 minutes (which can be split into blocks of at least 15 minutes each)
• Importantly: you cannot work for more than 6 consecutive hours without a break

Breaks do not count as working time. If you work from 8:00 AM to 5:00 PM with a 30-minute lunch break, you have actually worked 8.5 hours, not 9. However, for a break to be recognized legally, you must be genuinely free from all work duties—you cannot be expected to monitor your phone, answer emails, or stay at your desk. Smoking breaks or informal interruptions do not satisfy the legal requirement.

The 11-Hour Rest Period: Recovery Between Shifts

German law requires at least 11 consecutive hours of uninterrupted rest between the end of one working day and the start of the next. This is a strict rule with important implications, especially for workers with multiple jobs or those in shift-based industries.

If you finish work at 6:00 PM, you cannot legally start your next shift before 5:00 AM the following day. If you have two jobs and your evening job ends at 10:00 PM, you cannot start work at your morning job before 9:00 AM. Crucially, this 11-hour clock resets if you do any work-related activity—answering work emails, taking a work call, or responding to a message all reset the clock. If you log off at 6:00 PM but answer a work email at 11:00 PM, your next shift legally cannot begin until 10:00 AM, even if your contract says 8:00 AM.

Certain industries can apply for reductions. In hospitals, restaurants, transport, and agriculture, the rest period can be reduced to 10 hours under specific circumstances—but the lost hour must be compensated within a calendar month by providing at least 12 hours of rest on another day.

Employer Time Recording Obligation

Since a landmark 2022 ruling by the Federal Labor Court (Bundesarbeitsgericht, or BAG), employers must maintain an objective, reliable system to record when you start and end work each day. This applies to all employees, not just those working overtime. The recording can be done digitally or manually, but it must be traceable and kept for at least two years.

As an employee, you have a right to access these records. If you ever dispute your working hours or your employer denies you compensation for overtime, accurate time records provide proof of what you actually worked. If your employer does not have reliable records, the law presumes that working hours exceeded the legal limit.

Sunday and Public Holiday Work: The Exception, Not the Rule

Germany treats Sundays and public holidays as constitutionally protected days of rest, enshrined in Article 139 of the German Basic Law (Grundgesetz), which traces back to the Weimar Constitution. For this reason, working on Sundays and public holidays is generally prohibited. However, the law does permit exceptions in sectors where work cannot be shifted to a weekday.

Which Sectors Can Work on Sundays?

The Arbeitszeitgesetz permits Sunday work in the following industries: hospitals and care facilities, emergency and rescue services, fire departments, restaurants and hotels, transport and public transit, energy and water utilities, broadcasting and media, security services, agriculture, sports and entertainment venues, and museums. The common thread is that these services are essential and cannot reasonably be postponed to a weekday.

Compensation for Sunday and Holiday Work

If you are required to work on a Sunday, your employer must grant you a compensatory day off (Ersatzruhetag) within the following two weeks. If you work on a public holiday that falls on a weekday, the replacement rest day must be granted within eight weeks. Additionally, at least 15 Sundays per calendar year must remain completely work-free for every employee. This means even if you work in a 24/7 industry like hospitality or healthcare, you cannot be scheduled to work every Sunday.

Overtime Pay: Only if Contracted or Covered by Collective Agreement

German law does not automatically require employers to pay extra for overtime. The Arbeitszeitgesetz sets the maximum hours you can work, but it does not guarantee additional compensation if you exceed your normal contracted hours. Whether you are paid overtime depends entirely on what your employment contract or collective bargaining agreement (Tarifvertrag) says.

If your contract is silent on overtime, any hours beyond your regular schedule are legally owed to your employer as part of your job. However, your contract may include an overtime compensation clause. This clause must be specific and clear. A vague clause such as 'overtime is covered by salary' is generally not binding unless it specifies exactly how much overtime is included (for example, 'up to 5 hours per month'). If your contract says overtime is covered up to a certain number of hours per month—say, 10 hours—then any hours beyond that must be paid separately.

Many employees in Germany are covered by industry-wide collective agreements (Tarifvertrag) that specify overtime rates and conditions. If your employer is bound by such an agreement, it takes precedence over individual contract terms and typically provides better protections. Always check whether a Tarifvertrag applies to your role.

Special Considerations: Young Workers, Night Shift Workers, and Pregnant Employees

The Arbeitszeitgesetz is the baseline, but several groups receive additional protections. Workers under 18 (governed by the Youth Employment Protection Act, Jugendarbeitsschutzgesetz) cannot work more than 8 hours per day or 40 hours per week, and they must receive a minimum of 12 hours rest between shifts—one hour more than adults. Pregnant employees and nursing mothers are also capped at 8 hours daily and cannot work night shifts (generally defined as between 11:00 PM and 6:00 AM). Night workers in other roles have the right to health assessments and must receive either higher pay or compensatory time off for hours worked at night.

If Your Employer Violates Your Rights

If you believe your employer is violating the Arbeitszeitgesetz—for example, refusing to grant breaks, not recording working time accurately, or pressuring you to work excessive hours—you have several options. First, try raising the issue internally with your supervisor or your works council (Betriebsrat), if one exists. Many companies have formal procedures for handling such complaints. If that does not resolve the matter, you can contact the local labor inspectorate (Gewerbeaufsichtsamt) in your district, or you can reach out to a trade union (Gewerkschaft) for advice. In serious cases, you can take legal action through the labor courts (Arbeitsgerichte), which handle disputes over working hours and other employment law matters.