Setup time (Rüstzeit in German) refers to the time employees spend on necessary preparatory or wrap-up activities before or after their main work tasks – for example, putting on protective equipment, preparing machinery, or cleaning tools after a shift. Under German labour law and established case law of the Federal Labour Court (Bundesarbeitsgericht, BAG), setup time qualifies as compensable working time whenever it serves the employer's interests and is not left to the employee's personal discretion. HR professionals should clearly define setup time, record it in their time-tracking systems, and ideally regulate it by contract or collective agreement.
What Is Setup Time? Definition
Setup time covers all activities that employees must carry out in direct connection with their work – before the main task begins or after it ends. Typical examples include:
- Putting on and taking off protective or work clothing (e.g. in manufacturing or healthcare)
- Preparing and setting up machinery or equipment
- Cleaning tools or workstations after a shift
- Hygiene-related preparation and follow-up in healthcare settings
The term originates in an industrial context ("Rüsten" = setting up a machine), but is used today across all sectors.
Setup Time vs. Changing Time – What Is the Difference?
Changing time (Umkleidezeit) is a specific subset of setup time: it refers exclusively to the time spent putting on and taking off work or protective clothing. Changing time is compensable when employees are required to change on the employer's premises and cannot or must not do so at home. The BAG has also ruled that transit time between the changing room and the workplace may count as setup time (BAG, 06.05.2015 – 4 AZR 164/13).
Setup time is the umbrella term; changing time is its most common practical application.
Does Setup Time Count as Working Time Under the ArbZG?
Section 2(1) of the German Working Hours Act (Arbeitszeitgesetz, ArbZG) defines working time as "the time from the start to the end of work, excluding rest breaks." This definition is intentionally broad and generally covers all activities employees carry out in the service of their employer – including necessary preparatory and closing work.
In practice, this means: setup time that is directly connected to the performance of work counts as working time within the meaning of the ArbZG. This has concrete implications:
- Maximum daily hours: Setup time counts towards the statutory maximum of 8 hours per working day (§3 ArbZG).
- Rest periods: The minimum 11-hour rest period required by law (§5 ArbZG) only begins once all setup activities have been completed.
- Night and shift work: Setup time during night shifts must be taken into account accordingly.
Does Setup Time Have to Be Paid?
The key question is not only whether setup time qualifies as working time – but whether it must be compensated. This is where BAG case law becomes decisive.
The Key Criterion: Acting in the Employer's Interest
In its landmark ruling of 19.09.2012 (5 AZR 678/11), the BAG clarified: setup time is compensable when it is carried out in the employer's interest – meaning it does not serve the employee's own purposes but is required by and carried out for the benefit of the employer.
In concrete terms:
- Is wearing protective clothing required by the employer? → Compensable.
- Must employees change on the employer's premises? → Compensable.
- Does the employee change voluntarily for personal reasons, without any operational requirement? → Not compensable.
The obligation to pay is rooted in §611a of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which establishes the employee's entitlement to remuneration for work performed.
Key BAG Rulings at a Glance
Setup Time by Industry
The practical relevance of setup time varies considerably by sector.
Setup Time in Manufacturing and Industry
In production and industrial settings, setup time is a core working-time issue: machines need to be prepared before a shift begins, and tools must be cleaned after it ends. Personal protective equipment (helmets, gloves, safety boots) must be put on at the workplace. All of this qualifies as compensable setup time, provided it is operationally required.
Setup Time in Healthcare and Nursing
Setup time is particularly significant in healthcare and nursing. Putting on and taking off uniforms or protective equipment (gowns, gloves, face masks) at the facility counts as setup time – especially when wearing the clothing outside the premises is not permitted or is hygienically unreasonable. Many collective agreements in the healthcare sector (e.g. TVöD, AVR) contain specific, explicit provisions on setup and changing time.
Setup Time in Hospitality and Retail
In hospitality and retail, changing time for uniforms or work clothing is a frequent point of dispute. If employees are required to change on site and this is operationally mandated, a compensation obligation arises. Businesses should establish clear written rules on this issue.
Setup Time in Office Environments – Does It Apply?
In typical office settings, setup time is rarely relevant, as no special clothing or machine preparation is required. Starting up a computer or reading emails at the beginning of a shift generally falls within normal working time and does not require a separate setup-time regulation.
Setup Time in Collective Agreements and Works Agreements
The ArbZG explicitly permits deviations through collective agreements (Tarifverträge) or – on that basis – through works agreements (Betriebsvereinbarungen). This means setup time can be regulated differently from the statutory default, for example through:
- Flat-rate compensation: Setup time is paid at a fixed time allowance per shift (e.g. 10 minutes per shift).
- Time off in lieu: Setup time is not paid separately but offset against leisure time.
- Inclusion in regular working hours: Setup time is treated as part of the standard shift duration.
Important: The favourability principle (Günstigkeitsprinzip) applies. This means that collectively or contractually agreed rules may not fall below the statutory minimum standard to the detriment of employees. A flat-rate compensation arrangement is only permissible if it does not undervalue the actual setup time incurred.
Recording and Documenting Setup Time Correctly
Since the European Court of Justice ruling on working-time recording (2019) and the BAG decision (2022), employers in Germany are obliged to systematically record working hours. Setup times must be included in this recording obligation.
Checklist: How to Manage Setup Time in a Legally Compliant Way
- Written definition: Determine which activities qualify as setup time in your organisation.
- Time tracking: Set up setup time as a separate category in your time-tracking software.
- Works agreement: Agree on setup-time rules jointly with the works council (Betriebsrat) in writing.
- Pay arrangement: Clarify whether setup time is compensated separately or on a flat-rate basis.
- Review collective agreements: Check whether existing collective agreements contain special provisions on setup or changing time.
- Documentation: Retain records of actual setup times – this protects against legal disputes and audits.
Frequently Asked Questions About Setup Time
What counts as setup time?
Setup time includes all necessary preparatory and closing activities that are directly connected to the actual work task and are operationally required. Classic examples are putting on protective or work clothing, preparing machinery, cleaning equipment, and hygiene-related preparation or follow-up. Personal preparations without any operational necessity do not count as setup time.
Does setup time have to be paid?
Yes – if it is carried out in the employer's interest, meaning it is operationally required or ordered by the employer. This was established by the BAG in its landmark ruling of 19.09.2012 (5 AZR 678/11). The obligation to pay arises from §611a BGB.
Does setup time count towards the maximum working hours under the ArbZG?
Yes. Since setup time qualifies as working time under §2 ArbZG, it counts towards the statutory daily maximum of 8 working hours. Employers must account for this in shift planning to avoid violations of the ArbZG.
What is the difference between setup time and changing time?
Changing time is a specific type of setup time: it refers exclusively to putting on and taking off work or protective clothing. Changing time is compensable when changing on the employer's premises is required. The BAG has further ruled that transit time between the changing room and the workstation may also form part of compensable setup time (BAG, 06.05.2015 – 4 AZR 164/13).
Can setup time be regulated differently under a collective agreement?
Yes. Collective agreements and – on that basis – works agreements may regulate setup time differently, for example through flat-rate pay or time off in lieu. The favourability principle must be observed: any arrangement must not leave employees worse off than the statutory minimum standard.
What rules apply to setup time in nursing and healthcare?
Putting on and taking off uniforms or protective equipment at the facility counts as setup time and is compensable – particularly when wearing the clothing outside the premises is not permitted. Many collective agreements in the healthcare sector (e.g. TVöD, AVR) contain explicit rules. Commuting home in work clothing is not a setup-time issue.
How do I record setup times correctly?
Setup times should be captured as a separate category in the time-tracking system. A written workplace policy or works agreement that precisely defines what qualifies as setup time is strongly recommended. Thorough documentation protects employers in the event of legal disputes and during audits.
Conclusion
Setup time is not a niche issue in German labour law – it affects companies in manufacturing, healthcare, hospitality and retail on a daily basis. The guiding principle is clear: whoever prepares for work in the employer's interest is entitled to compensation. BAG case law is unambiguous, and the statutory obligation to record working time makes clear internal regulation indispensable.
HR professionals should define setup time in writing, capture it in their time-tracking systems, align with the works council, and review existing collective agreements for special provisions. Well-regulated setup time protects against costly back-pay claims and legal disputes.
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Sources
- German Working Hours Act (ArbZG) §2 – Definition of Working Time. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/arbzg/__2.html
- German Working Hours Act (ArbZG) §3 – Employees' Working Hours. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/arbzg/__3.html
- German Civil Code (BGB) §611a – Employment Contract. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/bgb/__611a.html
- BAG, Judgment of 19.09.2012 – 5 AZR 678/11. Federal Labour Court. Setup time as compensable working time. https://www.bundesarbeitsgericht.de
- BAG, Judgment of 06.05.2015 – 4 AZR 164/13. Federal Labour Court. Changing time and transit time as setup time. https://www.bundesarbeitsgericht.de
- Federal Ministry of Labour and Social Affairs (BMAS): Working Hours Act – Practical Guidance. 2023. https://www.bmas.de/DE/Arbeit/Arbeitsrecht/Arbeitnehmerrechte/Arbeitszeit/arbeitszeit.html
- Löwisch/Rieble: Handbuch Arbeitsrecht [Handbook of Employment Law]. Vahlen, 2022.
- Haufe-Lexikon: Rüstzeit. Haufe editorial team, 2023. https://www.haufe.de
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