As a general rule, an uninterrupted rest period of at least 11 hours must be observed between the end of a working day and the start of a new working day. However, the working time law provides for exceptions. A shortened rest period may be legal not only in certain sectors. The rest period can also be significantly reduced within the framework of collective agreements. You can find out what employees and employers need to consider in this article.
The most important in brief
The rest period between two working days or two shifts, as defined in the Working Time Act, is 11 hours. In some industries, a reduction to at least 10 hours is possible. Collective agreements can even reduce the rest period to 9 hours in certain circumstances.
The working time law defines rest periods
The Working Hours Act regulates the number of hours that must elapse between the end of daily working hours and the start of a new working day. The so-called rest period is defined here 1.
After the end of daily working hours, employees must therefore at least 11 consecutive hours not worked retain. If the rest period is interrupted by work, the rest period starts again.
These regulations also apply without restriction to companies in which shift work is carried out. The change from a late shift to an early shift is therefore not permitted in many cases.
But be careful: Collective agreements and company agreements may contain specific regulations.
Moving from a late shift to an early shift is often not allowed
Although in many industries and businesses, moving from a late shift to an early shift is a part of daily life and may appear as a dashboard standard, it is. Such a change is in many cases unacceptable.
Here too, it is important to respect the legal rest periods. In the event of a change between two or more shifts, it must be ensured that the prescribed rest period of at least 11 consecutive hours not worked is respected.
For example, if the late shift ends at 10 p.m., a direct move to an early shift starting at 6 a.m. is not permitted. In this example, the rest time is only 8 hours and is therefore too short.
If the late shift ends at 10 p.m., the employee will not be able to return to work the next day until 9 a.m. at the earliest.
However, this doesn’t matter when the employee goes home after work. The only deciding factor is that the interval between the end and start of a working day is 11 hours or more.
In these cases, the rest period may be shortened
However, even though the Working Time Act clearly states that the rest period must be at least 11 hours, the legislator nevertheless provides for exceptions in which a reduction in the rest period is permitted.
This is how employers can There are exceptions in the following sectors use: Facilities for the treatment, care and support of people, in restaurants and other catering and accommodation establishments, in transport companies, in broadcasting as well as in agriculture and livestock farming.
In companies of this type, the Rest time must be reduced to at least 10 hours. However, in the event of a reduction, this must be compensated within one calendar month by extending the rest to another day.
If the rest time is reduced by one hour to 10 hours on one day, the rest time on another day of the calendar month must be increased by one hour to at least 12 hours.
A reduction of the rest period to 9 hours may be authorized
It is also important to note that collective agreements and company agreements may provide for different regulations. The basis for this is §7 ArbZG.
This is how it can Rest time can be shortened up to 2 hoursif “the nature of the work requires it and the reduction in rest time is compensated within a compensatory period to be determined” 2.
One for this purpose However, the agreement must be recorded in writing. §7 ArbZG does not stipulate in any way that such shortening is generally permitted.
Rather, reference is made to the possibility of registering the relevant regulations within the framework of a collective agreement or a company agreement based on a collective agreement.
Special regulations for on-call service in the health system
Other specific regulations may apply in health establishments. This is the case when the employee is on call after the end of his shift.
If work takes place during on-call, the rest period is considered interrupted. However, this interruption of rest time can be compensated for at other times.
The prerequisite is that the work assignment occupies a maximum of half of the rest time. The work mission must therefore not last more than 5h30 3.
Consequences of violation of the rest period
A violation of the statutory rest time constitutes a violation of the Working Time Act and therefore an administrative offense.
Employers who commit such an administrative offense may be punished with Fine of up to 30,000 euros be punished 4. In particularly serious cases, there is a risk of imprisonment of up to one year. 5.
Employees, on the other hand, do not have to fear serious consequences if they do not respect their rest period.since compliance with legal rest time is primarily the responsibility of the employer.
However, the violation will be knowingly and contrary to the employer’s instructions committed, this could well lead to consequences in the form of a warning. In the event of repeated violations, this could even constitute grounds for termination
An opinion: This article does not constitute legal advice. If you have specific legal questions or concerns, we recommend that you consult an attorney.