Working hours
"A break? Just power through!"
You don't get a proper break or are told to eat at your workstation.
§ 11 JArbSchG / § 4 ArbZG
The boss may NOT do that
No! You have a right to breaks!
Breaks are legally required and non-negotiable. Minors: for 4.5–6 h of work at least 30 min., for more than 6 h at least 60 min. break. Adults: for 6–9 h at least 30 min., for more than 9 h at least 45 min. Breaks must be set in advance and may not be placed at the very start or end of the working time.
What the law says
§ 11 JArbSchG – Rest breaks
Young people must be granted rest breaks of appropriate length, fixed in advance. The rest breaks must be at least: 30 minutes for a working time of more than 4.5 hours, 60 minutes for a working time of more than 6 hours.
§ 4 ArbZG – Rest breaks
Work must be interrupted by rest breaks fixed in advance of at least 30 minutes for a working time of more than 6 up to 9 hours and 45 minutes for a working time of more than 9 hours in total.
What you can do
- You are allowed to leave your workplace during the break.
- Breaks do not count as working time — they are unpaid, but you are also not obliged to do anything.
- Document it if breaks are regularly cancelled.
- Speak to the trainer first, then, if needed, the works council.
Email template for your trainer
Subject: Concern regarding break times
Dear [name of trainer],
recently it has repeatedly happened that I was unable to take my legally required break, or only partially.
Under § 11 JArbSchG (for minors) or § 4 ArbZG (for adults), I am entitled to rest breaks of at least [30/60] minutes given my daily working time. These must be fixed in advance and actually granted.
I kindly ask that the break rules be observed in future and suggest agreeing on fixed break times.
Kind regards
[Your name]
More cases: Working hours
- You're working overtime today!
- You're coming in Saturday too!
- You're taking the late shift!
- Back at 6 tomorrow morning — you were here until 10pm yesterday.
- We're taking those two hours off you again.
- You just have to be reachable — that doesn't count.
- Getting to the construction site is your problem.
- You're working six days this week.
- We're open on the public holiday — you're in.
- Pop into work before school.
- Changing clothes is your own time — before and after.
- Work from home today, but don't keep asking.
- We don't record hours here.