The German Working Hours Act (Arbeitszeitgesetz, ArbZG) regulates the maximum permissible working hours in Germany: Generally a maximum of 8 hours per working day, extendable to 10 hours if compensated within 6 months. It mandates rest breaks (30-45 minutes depending on working hours), rest periods (at least 11 hours between working days), and Sunday and public holiday rest. Since the Federal Labor Court ruling in 2022, there is also an obligation to record all working hours.

Definition: What is the German Working Hours Act?

The German Working Hours Act (Arbeitszeitgesetz, ArbZG) is a federal law governing occupational health and safety regarding working time. It came into force on July 1, 1994, replacing the previous Working Hours Ordinance (Arbeitszeitordnung, AZO). According to Section 1 ArbZG, the purpose of the law is "to ensure the safety and health protection of employees in the organization of working time and to improve the framework conditions for flexible working hours."

The ArbZG generally applies to all employees in Germany – regardless of whether they work full-time, part-time, or in mini-jobs. Apprentices are also covered by the law. The term "working day" (Werktag) encompasses all days except Sundays and public holidays, meaning Monday through Saturday.

Overview of Regulations

Maximum Working Hours (Section 3 ArbZG)

According to Section 3 ArbZG, daily working hours may not exceed 8 hours as a general rule. Since the law assumes a 6-day working week, this results in a regular maximum weekly working time of 48 hours.

An extension to up to 10 hours per working day is possible if the average of 8 hours per working day is not exceeded within 6 calendar months or 24 weeks. Theoretically, this allows for up to 60 weekly hours in the short term – provided compensation occurs within the prescribed period.

Rest Breaks (Section 4 ArbZG)

Work must be interrupted by predetermined rest breaks:

• For working hours exceeding 6 up to 9 hours: at least 30 minutes break
• For working hours exceeding 9 hours: at least 45 minutes break

Rest breaks may be divided into segments of at least 15 minutes each. Important: Employees may not work for more than 6 consecutive hours without a break. Rest breaks do not count as working time and are generally unpaid.

Rest Periods (Section 5 ArbZG)

After completing daily work, employees must have an uninterrupted rest period of at least 11 hours. This rest period refers to the time between the end of one working day and the start of the next.

In certain industries, the rest period may be reduced to 10 hours – such as in hospitals, restaurants, transport companies, or agriculture. However, the reduction must be compensated within a calendar month or 4 weeks by another rest period of at least 12 hours.

Sunday and Public Holiday Rest (Section 9 ArbZG)

As a general rule, employees may not work on Sundays and public holidays from midnight to midnight. However, the law provides numerous exceptions – for example, for emergency and rescue services, hospitals, hospitality, transport companies, or the press.

For Sunday work, employees are entitled to a compensatory day off within 2 weeks. For public holiday work, the period is 8 weeks.

Exceptions and Special Regulations

Senior Executives and Persons Exempt from the ArbZG

According to Section 18 ArbZG, the law does not apply to all employees. Exempt are:

• Senior executives within the meaning of Section 5(3) of the Works Constitution Act (BetrVG) (with independent hiring/firing authority or comprehensive power of attorney)
• Chief physicians
• Heads of public agencies and their deputies
• Employees in the liturgical area of churches

Regular managers without these powers remain subject to the ArbZG.

Shift Work and Night Work

Special protective provisions apply to night and shift workers. Night work includes activities that span more than 2 hours between 11 PM and 6 AM. Night workers are entitled to regular occupational health examinations and appropriate compensation in the form of paid days off or bonuses.

On-Call Duty and Standby

On-call duty – where employees must be present at the workplace but may rest – counts as working time. The situation is different for standby: Here, employees may freely choose their location and only need to be reachable. Standby generally counts as rest time – only actual call-outs are counted as working time.

Working Hours Act and Remote Work

The Working Hours Act applies without restriction to home office and mobile work. There are no special rules for these forms of work – all regulations regarding maximum working hours, breaks, and rest periods must be equally observed.

Employers are obligated to ensure compliance with the ArbZG for home office employees and to record their working hours. Employees must observe the 11-hour rest period – even reading or writing work emails after hours interrupts this rest period and causes it to restart.

There is no obligation to be available outside agreed working hours.

Time Tracking – What Applies in 2025/2026?

The obligation to record working hours has been applicable law since the landmark ruling of the Federal Labor Court (Bundesarbeitsgericht) on September 13, 2022 (Case No. 1 ABR 22/21). The BAG clarified that employers are obligated to record the entire daily working time of their employees – not just overtime as before.

Already in 2019, the European Court of Justice (Case No. C-55/18) had ruled that all EU member states must require their employers to establish an "objective, reliable, and accessible" time recording system.

The 2025 Coalition Agreement between CDU/CSU and SPD now plans to legally establish electronic time recording. Planned changes include:

• Mandatory electronic time recording (expected from 2026)
• Transition periods for small and medium-sized enterprises
• Small businesses with fewer than 10 employees: likely exempt from electronic requirement
• Possible flexibility: shift from daily to weekly maximum working hours (48 hours)

However, the obligation to record working hours already applies now – regardless of the pending legislative amendment.

Practical Implementation for HR

As an HR professional, you bear responsibility for compliance with the Working Hours Act in your organization. The following checklist helps you verify the most important compliance requirements:

Checklist: Ensuring ArbZG Compliance

• Are maximum working hours documented and being observed?
• Are breaks being correctly granted and documented (30/45 minutes)?
• Is the 11-hour rest period between working days being observed?
• Is a system for comprehensive working time recording in place?
• Are working hours being recorded on a daily basis?
• Are exceptions for shift work or on-call duty properly regulated?
• Are records being retained for at least 2 years?
• Do employees have access to their working time data upon request?
• Is there a process for adjustments when legislation changes?

Violations of the ArbZG can result in significant fines: Up to €15,000 per violation, and in cases of health endangerment or persistent repetition, up to €30,000 (Section 22 ArbZG). Willful violations with health endangerment can be prosecuted as criminal offenses with up to one year imprisonment.

Frequently Asked Questions About the Working Hours Act

How many hours may one work per day maximum?

Generally a maximum of 8 hours per working day (Section 3 ArbZG). An extension to 10 hours is possible if the average of 8 hours is not exceeded within 6 months or 24 weeks. Since the ArbZG assumes 6 working days, the maximum weekly working time is 48 hours – temporarily up to 60 hours is possible.

How long must my break be for 8 hours of work?

For working hours exceeding 6 up to 9 hours, at least 30 minutes of break time is required (Section 4 ArbZG). For more than 9 hours, minimum break time increases to 45 minutes. Breaks may be divided into segments of at least 15 minutes each but may not be placed at the beginning or end of working time.

What is the 11-hour rest period?

According to Section 5 ArbZG, at least 11 hours of uninterrupted rest must follow the end of work before the next shift may begin. In certain industries such as hospitals, hospitality, or transport, this may be reduced to 10 hours – with corresponding compensation of 12 hours within one month.

Does the Working Hours Act also apply to managers?

Senior executives under Section 5(3) BetrVG are exempt from the ArbZG. This applies to managers with independent hiring or firing authority or comprehensive power of attorney. However, regular managers without these powers remain subject to the ArbZG. Also exempt are chief physicians and heads of public agencies.

How much overtime is permitted?

The ArbZG does not regulate an absolute overtime limit. What matters is that the maximum working time of 8 (or 10) hours per working day is not exceeded and that overtime is compensated within 6 months. Employment contracts or collective agreements may provide stricter rules.

What happens if the Working Hours Act is violated?

Violations of the ArbZG are administrative offenses and can be penalized with fines of up to €15,000 per violation (Section 22 ArbZG). In cases of endangerment to health or work capacity, or persistent repetition, the fine increases to up to €30,000. Willful violations with health endangerment can be prosecuted as criminal offenses with up to one year imprisonment.

Does the Working Hours Act also apply in home office?

Yes, the ArbZG applies without restriction in home office. All regulations regarding maximum working hours, breaks, and rest periods must be observed. Employers must record working hours, and employees must respect rest periods – even checking work emails after hours interrupts the 11-hour rest period.

What changes in 2025/2026 regarding the Working Hours Act?

The 2025 Coalition Agreement plans to make electronic time recording mandatory. Additionally, replacing the daily maximum working hours with a weekly cap of 48 hours is being discussed. Transition periods are planned for small and medium-sized enterprises. A specific law is still pending – but the obligation to record working hours has existed since the BAG ruling in 2022.

Conclusion

The Working Hours Act is a central instrument for protecting employee health. For HR professionals, compliance is not optional but legally binding – violations can result in significant fines.

The key points: maximum 8 hours daily working time (extendable to 10 hours with compensation), at least 30 minutes break for over 6 hours of work, at least 11 hours rest period between working days. With the 2025 Coalition Agreement, further changes are forthcoming – particularly mandatory electronic time recording.

Those who consistently implement the ArbZG strengthen not only compliance but also employer branding: Fair working conditions are an important signal to applicants and contribute to a positive candidate experience.

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Sources

• Arbeitszeitgesetz (ArbZG) [Working Hours Act]. Federal Republic of Germany, current version 2025. https://www.gesetze-im-internet.de/arbzg/
• BAG Ruling on Working Time Recording. Federal Labor Court (Bundesarbeitsgericht), September 13, 2022 (Case No. 1 ABR 22/21).
• ECJ Ruling on Time Recording. European Court of Justice, May 14, 2019 (Case No. C-55/18).
• Coalition Agreement 2025 – Responsibility for Germany. CDU/CSU and SPD, April 2025. https://www.bundesregierung.de/
• Guide to the Working Hours Act. Federal Ministry of Labor and Social Affairs (BMAS), 2023. https://www.bmas.de/
• Working Time Report Germany. Federal Institute for Occupational Safety and Health (BAuA), 2023. https://www.baua.de/
• EU Working Time Directive 2003/88/EC. European Union, 2003.