When do working hours start and end?

It is crucial that employees know when their working hours start and end as this has a direct impact on pay, break policies and legal aspects. Whether it’s starting the computer, changing clothes, or driving to work, the exact definition of when work hours begin and end often raises questions. In this article we examine the legal basis, typical practical cases and provide answers to the most frequently asked questions about working hours.​

Working time begins at the start of the activity

The legislator defines working hours as “the time from start to finish of work, excluding breaks” ¹. But what does this mean in practice for the employee?

An employee’s working hours begin as soon as he works for his employer or makes his workforce available to him. It does not matter whether the employee carries out his work in the company himself or, for example, from his home office.

However, these must also be taken into account in all cases contractual employment agreements between employer and employee. If there are fixed guidelines regarding the start and end of a working day, the employee must adhere to these agreements.

For example, if it has been agreed that work will start at 9 a.m., the employee cannot simply start an hour earlier and end the working day an hour earlier without consultation.

The employer’s general right of direction must also be respected. The specific position of working hours can be determined by the employer based on his right of direction ².

The journey to work is the employee’s private affair

The journey to work and associated travel times are the private affair of the employee therefore do not count as working hours. The same applies, for example, to finding a parking space ³.

Rather, the employee’s working hours begin upon entering the company’s premises. From this moment, the employee makes his workforce available.

In principle, the journey from the entrance to the company premises to the relevant workplace can also be taken into account in the employee’s working time. Switching on the computer or preparing the workplace are also part of working time. ⁴.

Recording and setup time

However, in many companies, time recording only takes place at the workplace itself or is only technically possible when the computer is completely started and the time recording program can be opened.

Employment tribunals reach different conclusions as to the extent to which such an approach is permissible. In one case before the Berlin Labor Court It was decided that working hours would begin with the necessary preparations for the start of work ⁵.

Concretely, the court counted the starting of the computer, the calling of the necessary programs and the provision of work equipment such as headsets as working hours subject to remuneration. These so-calledInstallation time“are therefore to be considered as working time.

Break times are not working times

Even if the law requires breaks during work, these do not count towards the employee’s working time. ⁶.

For working hours of six hours or more, the Working Hours Act requires a break of at least 30 minutes. If the duration of work exceeds nine hours, a rest break of at least 45 minutes must be taken.

As break times are not part of the employee’s working time, there is no right to remuneration for these times. To put it simply, employees must take breaks in addition to their usual working hours.

These are the breaks Employee’s free timeso that he is not subject to the employer’s right of direction during his break. The right of direction is limited to the employee’s working hours and extends to “the period from the start to the end of work”. without the breaks“.

Short breaks and bathroom trips during work hours

Short breaks as well as trips to the toilet during working hours are not considered breaks within the meaning of labor law and are therefore largely part of working time – they cannot be deducted from the employee’s working time. The claim for compensation continues.

Short breaks are not expressly defined in labor law. Nevertheless, it is It is indisputable that short breaks from work should not be considered a break.

So if you use the restroom during work hours, you don’t have to make up for “lost time.” Clocking in to use the toilet is also generally prohibited.

Taking a shower and changing clothes can count as work hours

In principle, time spent taking a shower or putting on work clothes does not count as the employee’s working time. However, exceptions may occur.

Showering is considered working time if work-related pollution is so severe that it far exceeds the level that normally occurs in private life.

If the employer asks the employee to take a shower before or after starting work, this is often not working time within the meaning of the Working Time Act, but they may still be entitled to remuneration.

Changeover times count as working hours if the clothing to be worn is prescribed and/or mandatory protective clothing.

If the wearing of certain clothing is required or the clothing can only be put on on site, a right to compensation for changing time may arise. Even if it is not working time within the meaning of the Working Time Act.

This is also the case, for example, if the Uniforms allow conclusions to be drawn about the profession and/or employerso the employee cannot be expected to change into work clothes at home.

However, as a general rule, shower and changing hours are not work hours. A distinction must be made between working hours and any right to remuneration.

When does an employee’s working time end?

An employee’s working hours end when he no longer makes his work available to the employer.

Even if the journey home, like that to work, does not count as working time, it is. Tracking work tasks or preparing the workplace certainly always on the employee’s working hours.

If, for example, the employee must tidy up or arrange his workplace after completing his actual work, the time spent on this task in principle constitutes working time.

Whether and to what extent shower or changing times after the actual activity are working hours must be assessed on a case-by-case basis according to the examples mentioned above.