Break Rules in Germany: What You Need to Know

Why do break rules matter? 

Breaks are essential for employees' recovery and health. They improve concentration, reduce the risk of accidents and lower stress levels. Employers are legally obliged to grant breaks, because excessive strain can lead to health problems and a loss of productivity in the long run. 

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The difference between breaks and rest periods 

Breaks and rest periods should not be confused. While breaks are short recovery phases within working hours, rest periods are the recovery phases between two working days. Breaks only have to last a maximum of 45 minutes and depend on the amount of work. Rest periods, by contrast, must always be 11 hours. 

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Statutory vs company break rules 

The German Working Hours Act (Arbeitszeitgesetz, ArbZG) sets the minimum requirements for breaks and rest periods. Beyond that, companies can lay down their own break rules in collective agreements or works agreements. Importantly, these rules must not undercut the statutory minimum breaks. 

Statutory break rules in Germany 

Under the German Working Hours Act (ArbZG) the following applies: 

• From 6 hours of working time: at least 30 minutes of breaks 
• From 9 hours of working time: at least 45 minutes of breaks 
• Breaks  may be split into segments of at least 15 minutes each. 
• Important: breaks are not working time and have to be taken. Working straight through without documented breaks is not permitted. 

You can read more about recording break times here. 

Break rules for minors (under 18) 

Stricter rules apply to under-18s under the German Youth Employment Protection Act (Jugendarbeitsschutzgesetz, JArbSchG):

• From 4.5 to 6 hours of working time: at least 30 minutes of break 
• 6 hours of working time: at least 60 minutes of break 
• Breaks must be taken after 4.5 hours at the latest 

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Collective agreements and company rules 

Many collective agreements, for example the collective agreement for the public sector (TVöD), contain specific break rules. These can differ from the statutory requirements. In principle, break time cannot be shortened by collective or company agreements. 

Practical examples and frequently asked questions 

Do smoking breaks have to be clocked? 

Whether smoking breaks have to be recorded depends on the rules of the individual business. Some companies require smoking breaks to be recorded as break time, others grant smoking breaks without any deduction. 

More on this here. 

Is there a minimum break time per day? 

A break must last at least 15 minutes to count in law. So after 6 hours of working time, at least 15 minutes of break must be taken before work continues. The remaining 15 or 30 minutes can then be made up at a later point. 

What happens if the break rules are breached? 

Employers who do not grant breaks are in breach of the Working Hours Act and must expect fines. Employees who do not observe the break rules can receive a formal warning. 

More on working time breaches here. 

Recording working hours in line with the law 

To make sure that statutory and company rules are met, the Federal Labour Court has declared working time tracking mandatory. Working hours – whether break times, business errands or travel time – must be documented. 

To avoid the extra red tape, we recommend going for digital time tracking. With the clockin app, working hours and break times are recorded with a single tap - with no follow-up work, no paperwork chaos and no chasing after timesheets. While classic methods such as paper or Excel are error-prone and time-consuming, clockin delivers automatic, tamper-proof recording – with no extra effort for you or your team.

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