How many hours can you work in a day? Does overtime have to be paid? And what changes are currently taking place in German labor law? These questions are on the minds of millions of employees every day. The Working Hours Act (ArbZG) sets the rules—but the regulations are more complex than many realize. In 2026, German working hours law is set to undergo one of the biggest reforms in decades. This article provides a clear, easy-to-understand overview of the current legal situation and the upcoming changes.
Key points at a glance
- Maximum daily working hours: Currently, the maximum working hours on a workday are 8 hours, which may be extended to a maximum of 10 hours under certain conditions.
- Rest period: After the end of the workday, there must be at least 11 hours of uninterrupted rest—this is mandatory.
- Overtime: There is no general legal obligation to work overtime; compensation depends on the individual contract or collective bargaining agreement.
- Mandatory time tracking: Since the Federal Labor Court (BAG) ruling of September 13, 2022, employers have been required to track their employees’ working hours.
- Reform 2026: The federal government plans to replace the daily maximum working hours with a weekly maximum—a draft bill is scheduled for June 2026.
What does the Working Hours Act (ArbZG) generally regulate?
The Working Hours Act (ArbZG) is the primary legal basis for working hours in Germany. It protects employees from excessive workloads and establishes minimum standards that may not be undercut by either an employment contract or a collective bargaining agreement.
The law essentially provides for the following:
- The maximum daily and weekly working hours
- Break policies and rest periods
- Special provisions for night work, shift work, and Sunday work
- Exceptions for certain occupational groups (e.g., executives)
Important: The ArbZG does not apply to everyone. Senior executives, chief physicians, and certain other groups are exempt under § 18 of the ArbZG.
How many hours are you allowed to work per day?
The answer can be found in Section 3 of the Working Hours Act (ArbZG): The standard workday is generally 8 hours. An extension to up to 10 hours is permitted if, on average, 8 hours per working day are not exceeded within a period of 6 calendar months or 24 weeks. Working days are Monday through Saturday—that is, 6 days per week, resulting in a maximum weekly working time of 48 hours. As a general rule, work is prohibited on Sundays and public holidays.
What are the rules regarding breaks?
Section 4 of the Working Hours Act ( ArbZG) clearly stipulates break times:
- For work shifts lasting more than 6 to 9 hours: at least a 30-minute break
- For a workday of more than 9 hours: at least a 45-minute break
- Breaks may be divided into segments of at least 15 minutes each
These breaks do not count as working time and are therefore generally not compensated—unless the employment contract or a collective bargaining agreement provides otherwise. It is particularly important that the employer ensure that these breaks are actually granted.
What are the rules regarding rest periods between two workdays?
After the end of the daily working hours, employees must have an uninterrupted rest period of at least 11 hours (Section 5 of the Working Hours Act). This provision is intended to protect health and must not, as a general rule, be reduced. In certain sectors—such as nursing, the hospitality industry, or broadcasting—collective bargaining agreements may reduce the rest period to as little as 9 hours, provided that compensation is guaranteed.
Practical note: If you stop working at 10 p.m., you may not resume work until 9 a.m. the next morning at the earliest.
Is overtime required?
There is no general legal obligation to work overtime. Employees may only be required to work overtime if this is expressly agreed upon in their employment contract, a collective bargaining agreement, or a company agreement. Even then, the statutory limits set forth in the Working Hours Act (10 hours per day, 48 hours per week on average) must not be exceeded. In emergencies—such as an imminent business interruption—the employer may, as an exception, order overtime even without a contractual provision, but only within strict limits.
Is overtime paid automatically?
No—and that surprises many people. Whether and how overtime is compensated depends entirely on the terms of the contract. Possible arrangements include:
- Pay per hour of overtime (with or without a premium)
- Time off in lieu (hour for hour)
- Lump-sum compensation included in the salary (common among executives, but must be transparent and reasonable)
In the absence of an explicit provision, the following applies: Overtime must generally be compensated if it was ordered or condoned by the employer and was necessary for the employee to perform their duties.
Are you unsure whether your overtime is being compensated correctly? Request a free initial consultation now and get legal clarity.
What are the rules for night work and Sunday work?
Night work (defined as work between 11 p.m. and 6 a.m., and in bakeries from 10 p.m. onward) and Sunday work are subject to special protective regulations.
- Night workers may work an average of only 8 hours per night (in some cases up to 10 hours, provided they receive compensatory time off).
- Employees are entitled to reasonable compensation for night work—either in the form of paid time off or a wage premium.
- Work on Sundays is generally prohibited, except in cases where specific exceptions apply (e.g., hospitals, restaurants, fire departments, and public transportation).
- Anyone who works on Sundays or holidays is entitled to a compensatory day off within two weeks.
Are employers required to track working hours?
Yes—and this is one of the most significant developments in recent years. On September 13, 2022 (Case No. 1 ABR 22/21), the Federal Labor Court (BAG) ruled that employers are required to track all of their employees’ working hours—not just overtime. This obligation arises from the Occupational Safety and Health Act (Section 3(2)(1) ArbSchG) in conjunction with the ECJ ruling of May 14, 2019 (C-55/18). As early as 2020, the Emden Labor Court had clarified: If a time-recording system is lacking, this can work in the employee’s favor in the event of a dispute—their statements regarding hours worked can then be deemed accurate.
A draft bill from the Federal Ministry of Labor and Social Affairs (BMAS) proposes making electronic time tracking a legal standard. Until the law is finally enacted, the following applies: Any employer who has not yet implemented a reliable
What changes will be made to the Working Hours Act in 2026?
What is likely the most significant reform since the ArbZG was enacted is on the horizon. The coalition agreement between the CDU/CSU and the SPD stipulates that the maximum daily working hours will be replaced by a maximum weekly working hours limit. Specifically, this means:
- Instead of a maximum of 8 (or 10) hours per day, the focus will be on total weekly working hours in the future.
- Under the rule of an 11-hour daily rest period, it would theoretically be possible to work up to 13 hours on certain days.
- The average weekly working time of 48 hours (including overtime) remains the upper limit, in accordance with the EU Working Time Directive.
- Labor Minister Bärbel Bas has announced that a draft bill is expected to be ready in June 2026.
The reform is politically controversial: labor unions warn that it will undermine occupational safety, while employer associations and the tourism industry welcome the increased flexibility. Until it is finally passed by the Bundestag and the Bundesrat, the current Working Hours Act (ArbZG) remains in effect.
What are the potential consequences of violating the Working Hours Act?
Violations of the Working Hours Act are no trivial matter. The law provides for the following penalties:
- Fines of up to 15,000 euros per violation (Section 22 of the Working Hours Act)
- In the case of intentional repeat offenses: imprisonment for up to one year (Section 23 of the Working Hours Act)
- In addition, government agencies may inspect businesses and issue orders
- Under civil law: Employees can take legal action to claim unpaid rest periods or overtime pay
Conclusion
German working time law provides employees with a strong framework of protections: clear limits on daily working hours, mandatory breaks, guaranteed rest periods, and special regulations for night work and Sunday work. At the same time, the law is undergoing change: The planned reform toward a maximum weekly working time will fundamentally transform the world of work in Germany—bringing greater flexibility, but also new risks to occupational health and safety. The following applies equally to both employees and employers: Be aware of the current legal situation, take documentation requirements seriously, and seek legal advice if you are unsure. Those who know their rights are in a much better position in the event of a dispute.
