Rest break
A rest break is an interruption of work fixed in advance in which no work is expected. It does not count towards working time and is as a rule not paid.
As of:September 2026
The three rules
At more than six and up to nine hours of working time, at least 30 minutes have to be granted, and at more than nine hours at least 45 minutes. The break can be split into segments of at least 15 minutes each. And regardless of the total duration, nobody may be employed for longer than six hours in a row without a break.
The third rule is most often overlooked. It applies even where the total working time only just exceeds six hours: anyone working straight through from 08:00 to 14:30 and then finishing has breached it, although they worked only 6.5 hours.
What makes a break a break
It has to be fixed in advance. That does not mean the time has to be prescribed to the minute, but the person has to know at the start of the break how long it will last. An interruption that can be ended at any moment because a call might come is not a break but readiness for work.
Whether the break is spent at the workplace is irrelevant, as long as no work is expected. What matters is release from the duty to work, not the place.
MetronHR works these figures out itself: time accounts, premiums, overtime and the limits of the German Working Hours Act, with every booking.
Short breaks and collective agreements
Segments under 15 minutes do not count as a rest break within the meaning of the act. A collective agreement, or a works agreement based on one, can allow shorter breaks under section 7(1) no. 2 ArbZG, for instance on assembly line or checkout work.
Without collective bargaining coverage, the 15 minutes stand. Three smoking breaks of ten minutes each therefore do not satisfy the duty, even though together they come to 30 minutes.
Example: a nine-hour day with a split break
- Working time 08:00 to 17:30, that is 9.5 hours gross.
- 45 minutes are required, because the working time exceeds nine hours.
- Split: 15 minutes at 10:00, 30 minutes at 13:00.
- 8.75 hours of working time remain net. The six-hour rule is observed, because there is an interruption at 13:00.
Common mistake
The 30 minutes get deducted as a flat rate without anyone checking whether they were taken. That is wrong twice over: the duty is not fulfilled, and the records do not match reality.
Further reading
- Section 4 ArbZG
- „Work is to be interrupted by rest breaks fixed in advance of at least 30 minutes at a working time of more than six and up to nine hours, and of 45 minutes in total at a working time of more than nine hours. The rest breaks under sentence 1 can be split into segments of at least 15 minutes each. Employees must not be employed for longer than six hours in a row without a rest break.“
- Section 7(1) no. 2 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: September 2026
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Related terms
Working time
Working time is the time from the start to the end of work excluding rest breaks. Where somebody works for several employers, the times are added together.
Rest period
The rest period is the continuous free time between the end of one working day and the start of the next. It is at least eleven hours.
Readiness for work
Readiness for work is the time at the workplace in which no work arises but work has to be reckoned with at any moment. The case law describes it as alert attention in a state of relaxation.