Frequently asked questions about the Working Hours Act
Is readiness working time?
It depends - you have to distinguish between on-call duty, on-call duty and on-call duty.
An employee is on standby when she is at work and waiting for work. Readiness for work must be paid in full as working time.
She is on call when she is at an agreed location waiting to be called to work. During this time, the employee can occupy herself with other things, she can even sleep. On-call time is also working time, so rest breaks and rest periods continue to apply unchanged, but she may be paid less.
If the employee is on call, this means that she is at home but can be called to work at any time. Only the time during which she actually works is working time in this case and only this time is remunerated accordingly.
What applies to night work?
Night work is working time of at least 2 hours that takes place between 11 pm and 6 am. Anyone who performs such night work in alternating shifts or on at least 48 calendar days per year is a night worker.
Night workers enjoy special protection. For example, they may also work days with 10 hours, but these must be compensated within a calendar month or 4 weeks.
To compensate for night work, female employees may be granted additional pay or days off. This is usually specifically regulated in collective agreements. The law only speaks of "reasonable" supplements or days off.
Female night workers have special rights with regard to their health: they are allowed to have a medical examination once before they start working, and every 3 years thereafter. Female employees over 50 may also have an occupational health examination every year.
If one of these examinations shows that the employee's health is at risk, she may request to be transferred to a daytime job, unless there are urgent operational requirements to the contrary. In case of doubt, the works council will mediate.
The same applies if female employees have to care for children under 12 or relatives in need of severe care.
Incidentally, night workers have just as much right to further training as their colleagues who work during the day. They must not be denied access to this because of their working hours.
What applies on Sundays and public holidays?
As a rule, female employees may not be employed on Sundays and public holidays. This applies from 0 to 24 hours. Of course, there are a few exceptions:
On the one hand, the Sunday rest period for drivers may be moved forward by 2 hours. On the other hand, it may be shifted forward or backward by 6 hours in companies with several shifts. In return, however, the company as a whole must be at rest on Sunday in the period between these shifts.
Sunday and holiday rest does not apply in these areas:
- Emergency and rescue services
- public safety
- Courts and authorities
- Defense
- Care, treatment and support
- Gastronomy, hotel business
- Household help
- Culture
- non-commercial actions of associations, parties or churches
- Tourism, leisure, museums
- Broadcasting and news, including printers and drivers
- Fairs, exhibitions, markets, folk festivals
- Transportation
- Transport of perishable goods
- Energy, water, sewage, waste
- Agriculture, animal husbandry
- Care and treatment of animals
- Guarding
- Cleaning and maintenance of equipment for ongoing operations
- Maintenance of data networks and computer systems
- Research when the research does not allow interruption
- Bakeries and confectioneries
- Money market, foreign exchange, securities and derivatives trading (applies only on holidays that are not EU-wide holidays)
Nevertheless, all female employees must have at least 15 Sundays off per year.
In addition, every Sunday that is a working day must be compensated with a working day off within 2 weeks. Anyone who works on a holiday that falls on a working day is subject to an 8-week compensation period.
What are the rules for teenagers?
The Working Hours Act does not apply to minors. The Youth Employment Protection Act (JArbSchG) is specifically designed for this purpose. But we can warn you in advance: The rules for minors are of course stricter than for adults.
Minors may work a maximum of 40 hours per week and, if not in rotating shifts, then only on Mondays to Fridays. They are entitled to a 30-minute break from 4.5 hours of work and the rest period between two working days must be at least 12 hours.
The details are best read directly in the law.
Practical application
In addition, the obligation to record working hours applies, i.e. working hours must be recorded and documented - this applies in particular if the regular daily maximum working time of 8 hours is exceeded or an extension of working hours is made without compensation.
Depending on the federal state, trade supervisory or occupational health and safety offices may be responsible for checking compliance with the Working Hours Act. They may request evidence (proof of working hours, service, company or collective agreements) and enter workplaces.
If you violate the Working Hours Act, you can be fined up to €15,000 or even face criminal prosecution.
The Federal Ministry of Labor and Social Affairs has compiled a practical but very comprehensive brochure on this subject, which you can find here.
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