Contents
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.
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 8:00 to 17:45, that is 9.75 hours gross.
- 45 minutes are required: with only a 30-minute break, 9.25 hours of working time would remain, which is more than nine.
- Split: 15 minutes at 10:00, 30 minutes at 13:00.
- Net working time is 9 hours. The six-hour rule is met because work is interrupted 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.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
- 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.“
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026