Break rules: what the Working Hours Act prescribes
Under section 4 of the Working Hours Act, employees are entitled to at least 30 minutes of break at more than six and up to nine hours of working time, and at least 45 minutes at more than nine hours. The break may be split into segments of at least 15 minutes each. Nobody may work longer than six hours at a stretch without a break.
As of:August 2026
30 or 45 minutes, depending on the day
The Working Hours Act ties the length of the break to the actual working time of the day. What counts is working time excluding breaks.
- Up to six hours: no legally prescribed break
- More than six and up to nine hours: at least 30 minutes
- More than nine hours: at least 45 minutes
Splitting is permitted, up to a point
The rest breaks can be split into segments of at least 15 minutes each. Three blocks of 15 minutes therefore satisfy the 45-minute requirement just as a continuous three quarters of an hour does.
Shorter interruptions do not count as a rest break. Five minutes at the coffee machine is legally not a break within the meaning of the act.
Regardless of how it is split, one thing applies: employees must not work longer than six hours in a row without a rest break.
What counts as a break
A rest break requires employees to know in advance when it starts and ends, and to be free to do as they please during that time. Anyone who has to stay available to step in if needed has no break but stand-by duty.
Breaks are generally unpaid and do not count towards working time. Anything different can follow from the employment contract, a collective agreement or a works agreement.
Knowing the rules is one thing, keeping to them day to day another. MetronHR checks breaks, rest periods and maximum working time automatically as time is recorded.
Special case: young people
For employees under 18 it is not the Working Hours Act that applies but the Youth Employment Protection Act. It provides for longer breaks and tighter limits: at least 30 minutes at more than four and a half up to six hours, and at least 60 minutes at more than six hours. There, only an interruption of at least 15 minutes counts as a break, and no employment longer than four and a half hours at a stretch without a break is permitted.
Why this goes wrong in practice
The rules are simple, keeping to them is not. In practice it usually fails on the documentation: if breaks are deducted as a flat rate or not recorded at all, there is no way of showing in a dispute that they were granted.
The employer is responsible for compliance, not the individual. Permitting breaks is not enough, they have to be genuinely possible.
Further reading:Section 4 ArbZG · Section 11 JArbSchG · Section 22 ArbZG
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: August 2026
Frequently asked questions
What we are asked about this most often.
At a working time of more than six and up to nine hours, section 4 ArbZG prescribes at least 30 minutes of rest break. At exactly eight hours of working time it is therefore 30 minutes.
No. The rest breaks may be split into segments of at least 15 minutes each. Shorter interruptions do not count.
Rest breaks generally do not count towards working time and are not paid. Deviating rules can be set out in the employment contract, a collective agreement or a works agreement.
The breach is a regulatory offence under the Working Hours Act and can be punished with a fine. The employer is responsible.
Question not answered here? Every step is explained in the help centre.
Knowing the rules is one thing. Keeping to them is another.
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