Contents
What belongs in a flexitime arrangement
The flexitime framework sets out between what times work may be done, for instance from 06:00 to 20:00. Within that framework a core time can be provided for in which everyone has to be present; it is not compulsory.
On top of that come the rules for the time account: caps upwards and downwards, the balancing period and the question of how many flexi-days may be taken a month.
Where a works council exists, the introduction is subject to codetermination under section 87(1) no. 2 BetrVG.
What the law dictates anyway
Flexitime changes nothing about the maximum working time of eight hours a day, exceptionally ten (section 3 ArbZG), about the breaks under section 4 ArbZG or about the eleven-hour rest period under section 5 ArbZG.
The second point is often overlooked: anyone using the framework up to 20:00 may start again the next day at 07:00 at the earliest. A framework from 06:00 to 20:00 produces that collision inevitably if nobody watches for it.
Flexitime is not trust-based working time
With flexitime there is a framework and a time account keeping the balance. With trust-based working time the timing is not dictated at all, and often there is no account either. Both have had to be recorded since the Federal Labour Court order of 13/09/2022.
Example: framework and rest period
- Flexitime framework 06:00 to 20:00, core time 09:30 to 15:00.
- Monday worked until 19:45.
- The eleven-hour rest period ends at 06:45.
- A start at 06:30 on Tuesday is therefore impermissible, although the framework would allow it.
Common mistake
A wide flexitime framework without a rest period check regularly leads to breaches of section 5 ArbZG without anyone noticing. A system that warns when clocking prevents exactly that.
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: 2 September 2026