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Labor law

Working time rules in Germany

The Arbeitszeitgesetz (ArbZG) limits working hours and sets breaks and rest for employees in Germany. Since the Federal Labour Court's 2022 ruling, employers must also record working time. Here is what applies, with links to the official texts.

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Last reviewed: · Arbeitszeitgesetz (ArbZG)

The rules at a glance

General statutory rules for adult employees, with the article and official source for each.
TopicRuleSource
Daily working time8 hours per working day (Monday to Saturday); up to 10 hours if the average stays at 8 hours over 6 calendar months or 24 weeks§ 3
BreaksMore than 6 up to 9 hours: at least 30 minutes; more than 9 hours: at least 45 minutes; in blocks of at least 15 minutes; no more than 6 hours in a row without a break§ 4
Daily restAt least 11 uninterrupted hours after the end of the daily working time (sector exceptions apply)§ 5
Night time and night workNight time is 23:00–06:00 (bakeries and confectioneries 22:00–05:00); night work is any work that covers more than 2 hours of night time§ 2
Night workers8 hours per working day; up to 10 hours if the average stays at 8 hours over 1 calendar month or 4 weeks. Without collective rules: paid days off or an appropriate pay supplement for night hours§ 6
Sundays and public holidaysNo work from 00:00 to 24:00 as a rule, with exceptions in § 10§ 9
Free SundaysAt least 15 Sundays per year must stay free§ 11
Records under the ArbZGWorking time beyond 8 hours per working day must be recorded; records are kept for at least 2 years§ 16 Abs. 2
Recording all working timeEmployers must record the start and end of employees' daily working time (Federal Labour Court, 13 September 2022, 1 ABR 22/21, based on § 3(2) no. 1 ArbSchG)1 ABR 22/21

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The 8-hour day and the 10-hour exception

The ArbZG sets 8 hours per working day as the norm, and working days run from Monday to Saturday. A day may be extended to 10 hours, as long as the average stays at 8 hours over 6 calendar months or 24 weeks. That flexibility is useful for peaks, but it only works if someone keeps track of the average.

For night workers, the same logic applies over a shorter period: 8 hours per working day, up to 10 if the average stays at 8 over 1 calendar month or 4 weeks. Night time runs from 23:00 to 06:00 (22:00 to 05:00 in bakeries and confectioneries), and night work is any work covering more than 2 hours of night time. Without collective rules, night workers get paid days off or an appropriate supplement for night hours.

Breaks, rest and Sundays

Work of more than 6 and up to 9 hours needs at least 30 minutes of break; more than 9 hours needs at least 45 minutes. Breaks can be split into blocks of at least 15 minutes, and nobody may work more than 6 hours in a row without a break. A 9-hour shift therefore needs 30 minutes; one minute more and 45 minutes apply.

After the end of the daily working time, employees need at least 11 uninterrupted hours of rest, with exceptions for some sectors. Sundays and public holidays are rest days from 00:00 to 24:00 as a rule, with exceptions listed in the law, and at least 15 Sundays per year must stay free for employees who work on Sundays.

Mandatory time recording after the BAG ruling

The ArbZG itself only requires employers to record working time beyond 8 hours per working day and to keep those records for at least 2 years. That changed in practice on 13 September 2022, when the Federal Labour Court (Bundesarbeitsgericht, BAG) decided that employers must record the start and end of their employees' daily working time. The court based this on the Occupational Safety and Health Act (§ 3(2) no. 1 ArbSchG), read in line with the European Court of Justice's judgment of 14 May 2019 (C-55/18).

The obligation applies now, without waiting for an amendment of the ArbZG. The ruling does not prescribe a specific system, so paper can be enough, but the records have to be reliable and complete.

How TimeTracking helps

TimeTracking records start, end and breaks for every shift, on the phone, the web or a shared kiosk with PIN, so the start and end of daily working time are captured as the BAG requires. The German rule pack warns about ArbZG issues such as missing breaks and short rest, and the roster flags rest-time conflicts before a shift is published. Changes are kept in an audit log, and approved hours are exported to payroll. There are no screenshots and no keystroke monitoring. TimeTracking is free for up to 5 users; Core costs €1 and Pro €3 per user per month.

Official sources

Frequently asked questions

Is time recording mandatory in Germany?

Yes. Since the Federal Labour Court's decision of 13 September 2022 (1 ABR 22/21), employers must record the start and end of employees' daily working time, based on § 3(2) no. 1 ArbSchG.

How long may employees work per day in Germany?

8 hours per working day, extendable to 10 hours if the average stays at 8 hours over 6 calendar months or 24 weeks.

How long must the break be?

More than 6 up to 9 hours: at least 30 minutes. More than 9 hours: at least 45 minutes. Breaks can be split into blocks of at least 15 minutes.

Does the ruling require an electronic system?

No specific system is prescribed. What matters is that start and end of daily working time are recorded reliably.

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