Time out at work: A guide to breaks and their regulations

Breaks at work are more than just short interruptions in work activity. They are used for relaxation, help to maintain concentration and promote the general well-being of employees. The break regulation is also legally established in many countries, including Germany.

How are breaks regulated?

In Germany, the Working Hours Act (ArbZG) regulates working hours and break times. The law stipulates that employees must take a break of at least 30 minutes after working for a maximum of six hours. If an employee works more than nine hours, the minimum break time increases to 45 minutes. These break times can be taken in blocks of at least 15 minutes each. This means that if you work more than six hours, you could, for example, take two breaks of 15 minutes each.

A frequently discussed topic concerns avoiding breaks. Is it possible to forego the break in order to finish work earlier? In principle, this is not permitted in Germany. The breaks stipulated in the Working Hours Act serve to protect employees and ensure that employees have enough time to recover. A voluntary waiver of break time with the aim of shortening working hours and thus finishing work earlier is therefore not permitted, according to betriebsrat.com in an online article.

Further regulations

Another frequently asked question concerns determining the break time. Can you decide for yourself when to take a break? As a rule, the employer determines the break times and must adhere to the legal requirements, says Haufe in an article. A break may not be at the beginning or end of working hours, but must take place within working hours. However, employees have the right to take a break once they have worked more than six hours. In some cases, such as in certain industries or certain employment contracts, there may be flexible regulations that allow employees to individually structure their break time.

Another topic that often comes up is the question of whether breaks are paid. In Germany, breaks are generally unpaid unless otherwise agreed in the employment or collective agreement, according to Arbeitrechte.de.

So-called smoking breaks deserve special attention. These are not regulated by law in Germany and are therefore not protected by the Working Hours Act. Whether and to what extent smoking breaks are granted is at the discretion of the employer and should ideally be set out in a company or employment contract, according to Arbeitsvertrag.org in an article.

Break rooms and young people

Another important question is whether employers are required to provide break rooms. The workplace regulations in Germany stipulate that employers must provide a suitable space if the company has more than ten employees or if safety and security require it, Haufe said in an article.

Special break regulations apply to certain groups of employees in Germany. These include, for example, young people. According to the Youth Labor Protection Act, young people under the age of 18 must take a break of at least 30 minutes after 4.5 hours of work, said Haufe.

Editorial team finanzen.net

ttn-28