The German Working Time Act (Arbeitszeitgesetz, ArbZG) sets clear limits on how many hours you can be required to work — and it applies to virtually every employee in Germany, regardless of seniority. The exceptions are genuinely senior executives (leitende Angestellte under § 5(3) BetrVG) and a few specialised categories.
The daily cap
- Maximum 8 working hours per workday (Monday to Saturday — Sunday is a separate regime).
- Extendable to 10 hours, provided the average over a 6-month or 24-week reference period does not exceed 8 hours per workday.
- Working time over 10 hours per day requires specific exemptions (medical professions, certain emergency services, etc.).
The weekly cap (in effect)
The Act does not set a hard weekly cap, but the average-of-8-hours rule combined with the requirement of a weekly rest day produces an effective cap of 48 hours per week (8 × 6). The EU Working Time Directive ceiling of 48 hours per week (averaged over 4 months) provides a parallel ceiling.
Mandatory breaks
- Working 6–9 hours: at least 30 minutes break (can be split into 15-minute blocks).
- Working more than 9 hours: at least 45 minutes break.
- No more than 6 consecutive hours without a break.
Breaks must be predictable and you must be free to leave the workplace during them. “On-call lunch at the desk” generally does not count as a break.
Rest between shifts
You are entitled to at least 11 hours of uninterrupted rest between the end of one workday and the start of the next (§ 5 ArbZG). This means a typical workday that ends at 8pm cannot start before 7am the next day.
Sunday and public holidays
Work on Sundays and public holidays is generally prohibited (§ 9 ArbZG). The Act lists numerous exceptions (hospitals, hospitality, broadcast, agricultural work) but for most office employees the prohibition applies. If you regularly work Sundays without belonging to an exempt category, the practice is unlawful.
What happens if your employer violates the Act?
- The employer commits an administrative offence subject to fines under § 22 ArbZG, escalating to criminal liability for serious or repeated breaches.
- You can refuse to perform work that would violate the Act without consequences for the employment.
- Persistent breaches that damage your health can ground a claim for damages.
Recording the time
Since the BAG’s judgment of 13 September 2022 (1 ABR 22/21), employers are required to record working time for all employees. Many employers have not yet implemented this. The lack of recording shifts evidentiary burdens in favour of the employee in disputes over overtime.
How the 6-month averaging works in practice
The 10-hour daily extension is allowed only if, on average over 6 calendar months or 24 weeks, the daily work time stays at or below 8 hours. Effect: an intense project sprint with 10-hour days for a few weeks is permissible if compensated by shorter days afterwards. A sustained 10-hour pattern is not.
The 11-hour rest rule — practical consequences
- End work at 8 pm → next workday cannot start before 7 am.
- Manager emails arriving at 10 pm with an “urgent for tomorrow morning” tone often violate this rule structurally.
- Travel time at the end of a long day generally counts as working time if the travel was business-required.
Senior-employee exemption
“Leitende Angestellte” under § 5(3) BetrVG are exempt from the ArbZG limits. The category is narrow: in most companies it applies only to a handful of true executives with hire-and-fire authority. The standard “head of department” title is usually not enough on its own.