Working time law

Rest period: the 11-hour rule and its exceptions

In shortUnder section 5 of the Working Hours Act, an uninterrupted rest period of at least eleven hours has to lie between the end of one working day and the start of the next. In some industries it may be shortened to ten hours if the balance is restored within one calendar month or four weeks.
As of: August 20262 min readSection 5 of the Working Hours Act (ArbZG): rest period · Section 2 of the Working Hours Act (ArbZG): definitions
Contents
  1. Eleven hours, and in one piece
  2. Where shortening is permitted
  3. On-call duty and stand-by duty
  4. Why shift schedules come unstuck on this

Eleven hours, and in one piece

After the end of the daily working time, employees have to have an uninterrupted rest period of at least eleven hours. "Uninterrupted" is to be taken literally: a single work call can interrupt the rest period and make it start again.

Practical consequence: anyone finishing at 20:00 may start again at 07:00 the following day at the earliest.

Where shortening is permitted

Section 5(2) ArbZG names exhaustively the areas in which the rest period may be shortened by up to one hour: hospitals and other institutions for the treatment, nursing and care of people, restaurants and other catering and accommodation establishments, transport operations, broadcasting, and agriculture and animal husbandry.

The shortening is tied to a condition: every shortening has to be balanced within one calendar month or within four weeks by extending another rest period to at least twelve hours.

On-call duty and stand-by duty

In working time law, on-call duty and stand-by duty are not the same thing. Stand-by duty counts as working time in full. On-call duty generally does not count as working time, but an actual call-out during on-call duty does.

For the rest period that means: a call-out during on-call duty interrupts it. Whether and how the rest period then starts running again depends on the individual case and is treated in a differentiated way in case law.

Why shift schedules come unstuck on this

The most common breach arises not from ill will but from the planning: late shift until 22:00, early shift from 06:00, eight hours of rest instead of eleven. In a spreadsheet nobody notices, because the two shifts sit in different rows.

The only reliable way to avoid this is for the planning to check the rest period when assigning, instead of assessing it after the fact.

Further reading:Section 5 of the Working Hours Act (ArbZG): rest periodSection 2 of the Working Hours Act (ArbZG): definitions

This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.

Ugur Aydogan, product development at AMNAU GmbH

Published by: AMNAU GmbH

Editorial responsibility: Ugur Aydogan, Product development.

Last reviewed: 12 August 2026

Frequently asked questions

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How long does the rest period between two shifts have to be?

At least eleven uninterrupted hours (section 5(1) ArbZG). In certain industries it may be shortened to ten hours if a balance is restored.

May the rest period be shortened?

Only in the areas named in section 5(2) ArbZG, among them hospitals, care, restaurants, transport operations, broadcasting and agriculture, and only by up to one hour. Every shortening has to be balanced within one calendar month or four weeks by another rest period of at least twelve hours.

Does a work call interrupt the rest period?

The rest period has to be uninterrupted. Performing work during that time, including a short call-out from on-call duty, is incompatible with that. Assessing the individual case belongs in employment law advice.

Does on-call duty count as working time?

On-call duty generally does not count as working time, but an actual call-out during on-call duty does. Stand-by duty, by contrast, counts as working time in full.

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