Taking a break at work is extremely important. Not only for a healthy body, but also for healthy cooperation. And yet: Simply taking a break is hard work for many people. High stress levels, too many appointments and enormous pressure of expectations make many employees work through their working days completely — huge mistakes! Man is not a machine. Here we have summarized why breaks are worthwhile, what the legislator requires, tips from experts and which tool is as flexible as your break habits.
Labor Law: This is What the Legislator Requires
Not only does your body tell you when it is high time to take a break, the legislator also has strict rules as to when a break MUST be taken. This is regulated in Working Hours Act § 4. Anyone who works between six and nine hours a day must have a fixed rest period of at least (!) Put in for 30 minutes. If you work more than nine hours a day, you must pause your work for at least 45 minutes. And: After six hours at the latest, legislators require a break — this also applies to the most dedicated workaholic.
However, employees can divide their breaks into several sections — the break does not have to be taken in one go.
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You start your work at 8:00 in the morning. In this case, according to the ArbZG, you must take a break of 30 minutes at the latest at 14:00. However, you can split this half hour into two 15-minute sections — such as a break from 12:30 to 12:45 and the next from 1:45 to 14:00. But beware: A break block must be at least 15 minutes long!
Definition: That is a break according to the law
A break within the meaning of the Working Hours Act is an interruption of working time of a certain duration, which serves to recuperate the employee. Breaks are not part of working time and are therefore generally not remunerated. Smoking breaks are not recognized as breaks in the legal sense and are therefore also not paid for.
Special Rules: These deviations are possible!
In employment law, there are various exceptions to break arrangements. Deviations from the legally required breaks are in accordance with Section 7 ArbZG Permitted if they result from a collective agreement or a works agreement. For certain groups of people, such as managers or public sector workers, the statutory break regulations apply in accordance with Section 18 ArbZG Not.
Consequences of disregarding the break regime: These consequences are imminent
Compliance with break times is not only in the interest of employees, but also protects the company from sanctions. State offices for Occupational safety Monitor compliance with legal break regulations and can carry out operational audits. Employees have the right to report violations to the state authority. In the Event of Violations, the Employer Is Threatened Fines of up to 15,000 euros.
Does the employer have to check whether breaks are being taken?
As an employer, you are required to ensure that your employees comply with break times. This can be done by a Electronic time recording system Or manual records are made in which the start of work, breaks and end of work are documented. You should check these records regularly. If you find that an employee is not following the break regulations, you can issue a warning.
Who is liable for violations of the Working Hours Act?
In the event of violations of the Working Hours Act, the employer is generally liable. He is responsible for compliance with legal requirements and can be prosecuted with fines of up to 15,000 euros in the event of non-compliance. Employees can also report violations, which can trigger an inspection by the state authority.
Comply with legal break regulations with ZEP — these are the benefits!
The best break regime is only half as good if it is not complied with and documented. Because: With BAG time clock verdict In order to record time, the total working time (including all breaks) Be recorded exactly. Are you still relying on Excel lists or handwritten time sheets? Get rid of this further source of stress and rely on a modern, web-based solution for Working time recording.
With ZEP, you can easily record your times via browser or app — Statutory rest and break periods are automatically recorded. For you, this means: Less stress and more time. As a ZEP user, you therefore do not have to worry about the complexity of legal requirements. The features in our tool are as flexible as your break habits. You configure your days in ZEP as you need them and comply with all legal regulations and regulations — very intuitively.
Can rest be part of working time?
In exceptional cases, rest breaks can be part of working time and are then paid by the company. This is the case if this is regulated in the employment or collective agreement or in the case of activities involving high physical demands. Additional short breaks of at least 5 minutes are necessary for such work and are officially part of working time. Examples of such activities include shift work, assembly line work, night work, underground work and extended screen work.
Break regulations for young people: That applies!
Loud Section 11 of the Youth Employment Protection Act Young people are not allowed to work longer than 4.5 hours without a break. A break of 30 minutes is required for working hours of more than 4.5 hours and a break of 60 minutes for working hours of more than six hours. Rest breaks must last at least 15 minutes and should be granted at least one hour after the start of work and no later than one hour before the end of work.
As an employer, you must ensure that there is no work during breaks to ensure young people's recovery. All further details about the Youth Employment Protection Act and the legal break regulations for young people can be found in our blog article Youth Employment Protection Act: These Breaks Apply in 2024.
Business break and rest break: What is the difference?
A break in operations occurs unexpectedly when work is cancelled due to technical or organizational reasons, such as a power failure. In contrast to rest, which is for recreation and is not part of working time, the Operational break to Working time And will paid by the company. The Working Hours Act therefore makes a clear distinction between these two types of breaks.
Are there also legal rules for recording working time?
The Federal Government is currently examining how a Working Time Recording Act, even for smaller companies, can be implemented without causing excessive bureaucracy. The results of this audit are expected in 2024. A decisive point is the obligation to record working time electronically, which was decided by the Federal Labour Court in 2022. Accordingly, all companies in Germany are required to record working hours.
6 signs that you need a break
Your body sends you unmistakable signals when it's time to take a break. So give your “motor” a little more mindfulness in order to burnout and prevent further (health) consequences.
In these cases, it is time for a break — for you too:
🤔 You can't focus.
😡 They are irritable
😞 They are unmotivated.
😴 You are permanently tired
😕 You're not ambitious anymore.
🙁 They make mistakes.
Conclusion
Statutory break regulations are not only a legal requirement, but an essential measure for well-being and efficiency in the workplace. Breaks are critical to reduce stress, increase productivity, and protect employee health. The Working Hours Act requires clear guidelines that both employees and employers should comply with in order to avoid sanctions. With flexible tools such as ZEP, compliance with break times is simplified and documented in a legally compliant manner, which contributes to an improved work culture and a healthier working environment.
