What are the labor laws about breaks
Break regulations: When labor law prescribes breaks
Quite a few people spend that Most of the day at work. So that they can still perform well after a few hours and be able to concentrate sufficiently, labor law stipulates certain statutory break times in front.
Incidentally, this is the case not a mere offer: Rather, employers are obliged to statutory break regulations and their employees after a certain period of work Rest breaks to grant.
In a nutshell: break regulations
According to the break regulations, employees are entitled to a break of at least 30 minutes after working more than six and up to nine hours. If employees work more than nine hours, they must take a break of at least 45 minutes. Nobody is allowed to pursue their work for more than six hours at a time.
No. Breaks are generally not counted as working hours. For this reason, employees do not receive any compensation during their break.
A break is an interruption in work. The period between the end and the beginning of a working day is again referred to as the rest period. Read more about this here.
After what working hours statutory breaks are required, how long this must continue and whether it is possible various break regulations there, check out this guide. We also explain where the Differences between rest and rest lie.
What does the Working Hours Act say about breaks?
In Germany it is Break regulation in the Working Hours Act (ArbZG) held. § 4 of the law is dedicated to rest breaks and regulates them as follows:
The work is to be interrupted by fixed breaks of at least 30 minutes for a working time of more than six to nine hours and 45 minutes for a working time of more than nine hours. The breaks according to sentence 1 can be divided into periods of at least 15 minutes each. Employees may not be employed for more than six hours in a row without a break. "
This results in: After six hours at the latest Continuous work requires workers to take a break. That's what they are for required by law. It is therefore not allowed to simply omit the break and instead Early off the job close. In summary, the Break regulation according to law as follows:
- With a working time of six hours in total a day you have to no rest insert.
- Work more than six and a maximum of nine hours a day, you have a break time of at least 30 minutes.
- You should more than nine hours work every day, you need to do your job for at least 45 minutes interrupt.
Important: It is true Break regulation required by law, but it is only about Minimum requirements. Your employer grants you longer break times, this is also fine. The legal requirements are therefore allowed always be exceeded, but not undercut.
Do the break regulations also relate to the how and where?
Basically there is the Working Hours Act in terms of Break regulation just one frame in front. So it does not prescribe how rest breaks should look in detail nor where workers have to spend them. These decisions are usually made the employee alone.
So the employer has no right toTo tell you how to spend your recovery time. You are therefore free to going for a walk, doing shopping or just having lunch. The same goes for where you are on your break. You can therefore stay on the company premises, but also leave it.
Important: Even if the break regulation allows you this freedom, you should keep in mind that you do not benefit from statutory accident insurance, you should have left the premises during your lunch break and into a accident get involved! The same applies in such cases not an accident at work.
By the way: Breaks in working hours must be in accordance with the break regulations not be remunerated. After all, you will not provide the contractually owed service during this time. The Go to the kitchen or to the toilet is also not deducted from the break times. According to the law, however, this can change quicklyif this goodwill is used. Smoking breaks are generally to be reworked.
Rest vs. Rest: How Are They Different?
Not only the regular breaks are defined in the Working Hours Act. Even if the terms "Rest time" and "rest break" may sound relatively similar, that's how they describe it two different pairs of shoes. The latter refers to the Break regulation during workThe former, however, is based on time between the end and the beginning of a working day. Section 5 (1) of the ArbZG says:
The employees must have an uninterrupted rest period of at least eleven hours after the end of their daily working hours. "
Therefore, it is legally a matter of Break regulation not just about the time workers between the hours to be worked need for regeneration, but also to the Recovery period between two working days. According to the cited paragraph, this must be at at least eleven hours lie.
Are there any exceptions to the statutory break regulations?
As so often exist in labor law There are also various exceptions to the rules for breaks. Section 7 ArbZG According to different rules on legally required breaks may be permissible if these are a Collective agreement or a corresponding works agreement arise from. Are the For example, rest breaks are shorter as the legislature requires, a must Compensation for this will be created (such as more frequent breaks from work).
Furthermore, the Working Hours Act in § 18various groups of peoplefor which the statutory break regulations do not apply finds. These include, among other things
- Head of public services including their representatives,
- Chief physicians and senior executives in accordance with Section 5 (3) of the Works Constitution Act,
- Employees who live in a household with persons entrusted to them and whom they look after, care for or bring up on their own responsibility,
- Public sector employees who are allowed to make decisions on their own in relation to personnel matters,
- Persons under 18 years of age, as the Youth Labor Protection Act (JArbSchG) applies to them,
- Crew members on merchant ships because the Maritime Labor Act applies.
Even if it numerous regulations on break regulations in Germany there are, it is still more common on this topic Disagreements between employee and employer. For example, if your boss refuses to take the appropriate Adhere to break regulations, it can't hurt to get in touch with one Labor law attorney to turn. They can tell you exactly about your rights and support you should you be legal action against your employer want to initiate.(64 Ratings, average: 4,63 of 5)
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