⏱️ Working time and overtime

How much working time the law allows at most, when rest periods are mandatory – and under what conditions overtime must be paid.

Working Time Act ArbZG Maximum working time Rest period Overtime Working-time recording

In brief

The Working Time Act limits daily working time on working days (Werktage) in principle to eight hours, exceptionally up to ten hours if eight hours per working day are not exceeded on average over six months. There must generally be at least eleven hours of uninterrupted rest between two working days.

Whether and how overtime is paid or compensated with time off is regulated primarily by the employment or collective agreement. Under current law there is not yet a general statutory duty to record working time electronically to the minute; a corresponding draft bill is, however, in preparation.

Step by step

Document the hours you workKeep your own records – independently of the employer – of working time and breaks actually worked; this makes later proof easier.
Check the contractual rule on overtimeCheck whether and to what extent overtime is supposed to be "covered by a lump sum" in your salary – such clauses are valid only if scope and pay are regulated clearly enough.
Report overtime promptly and have it documentedWhere possible, have extra work expressly ordered or at least confirmed; this makes it easier later to enforce pay or time off in lieu.
Observe time limits for claimsAssert overtime pay in writing within the time limit stated in the contract.

Deadlines

8 hours (max. 10)

Maximum working time on working days; an extension to up to ten hours is permitted only if eight hours per working day are not exceeded on average over six months.§ 3 ArbZG

11 hours

Minimum rest period between two working days, with sector-specific exceptions (e.g. restaurants, hospitals).§ 5 ArbZG

depends on contract/collective agreement

Whether, how and within what period overtime is paid or compensated with time off follows from the employment or collective agreement; with no rule at all, customary pay is deemed tacitly agreed if overtime was evidently expected.§ 612 Abs. 1 BGB; employment/collective agreement

Watch out – common mistakes

A clause such as "all overtime is covered by the salary" is, according to case law of the Federal Labour Court, often invalid if it does not make clear how much overtime it is meant to cover – extra hours actually worked must then be paid separately.
Anyone claiming overtime in court must in principle set out in detail on which day how many hours of overtime were worked for what reason and ordered, tolerated or approved by the employer – your own complete records are therefore important.
The Working Time Act mainly protects maximum working time and rest periods; it does not directly give rise to a separate entitlement to overtime pay.
Announced change that has not yet entered into force: a ministry draft bill of the Federal Ministry of Labour and Social Affairs from June 2026 provides for a general duty to record the start, end and duration of daily working time electronically, and a weekly instead of daily maximum working time for businesses covered by collective agreements. According to the ministry, it has so far been an internal working version without a cabinet decision; the parliamentary legislative procedure had not yet begun as of this page.

In depth · legal basis, figures and practice – for advisers and professionals

Maximum working time and rest periods

Under § 3 ArbZG, daily working time on working days may not exceed eight hours; it can be extended to up to ten hours if eight hours per working day are not exceeded on average within six calendar months or 24 weeks. After the end of daily working time, employees must have an uninterrupted rest period of at least eleven hours (§ 5 Abs. 1 ArbZG), with sector-specific possibilities for shortening, for example in restaurants or hospitals.

Basis for overtime pay

There is no separate statutory entitlement to overtime pay; it follows either expressly from the employment or collective agreement or – in the absence of any other rule – from § 612 Abs. 1 BGB, under which pay is deemed tacitly agreed if, in the circumstances, the service can only be expected against payment. According to settled BAG case law, lump-sum compensation clauses must regulate transparently how much extra work is meant to be covered (transparency requirement, § 307 Abs. 1 Satz 2 BGB); otherwise they are invalid.

Burden of presentation and proof

Anyone claiming overtime in court must set out in detail on which days which working hours were worked and that these were ordered, approved or at least tolerated by the employer or were necessary to complete the work assigned. In 2019 the European Court of Justice (case "CCOO") held that member states have a general duty to introduce an objective, reliable system for recording working time; in 2022 the Federal Labour Court derived from this a duty of the employer to record working time under current occupational health and safety law (§ 3 Abs. 2 Nr. 1 ArbSchG), without there so far being a separate, fully detailed statute for it.

Planned Working Time Recording Act

A ministry draft bill of the BMAS from June 2026 provides for making electronic recording of the start, end and duration of daily working time a basic statutory duty and for allowing a weekly instead of daily maximum working time for businesses covered by collective agreements. The ministry itself described the draft as an internal working version; there was no cabinet decision as of this page, and the parliamentary procedure had not yet begun.

Who is responsible

Employer
Works council, if there is one (co-determination on working time, § 87 Abs. 1 Nr. 2, 3 BetrVG)
Local labour court in case of a dispute over pay

Quick questions

Worum geht es bei „Working time and overtime“?

How much working time the law allows at most, when rest periods are mandatory – and under what conditions overtime must be paid.

Which deadlines and figures matter?

8 hours (max. 10): Maximum working time on working days; an extension to up to ten hours is permitted only if eight hours per working day are not exceeded on average over six months. (§ 3 ArbZG)
11 hours: Minimum rest period between two working days, with sector-specific exceptions (e.g. restaurants, hospitals). (§ 5 ArbZG)
depends on contract/collective agreement: Whether, how and within what period overtime is paid or compensated with time off follows from the employment or collective agreement; with no rule at all, customary pay is deemed tacitly agreed if overtime was evidently expected. (§ 612 Abs. 1 BGB; employment/collective agreement)

What should I do first?

Document the hours you work: Keep your own records – independently of the employer – of working time and breaks actually worked; this makes later proof easier.
Check the contractual rule on overtime: Check whether and to what extent overtime is supposed to be "covered by a lump sum" in your salary – such clauses are valid only if scope and pay are regulated clearly enough.
Report overtime promptly and have it documented: Where possible, have extra work expressly ordered or at least confirmed; this makes it easier later to enforce pay or time off in lieu.

What do I need to watch out for?

A clause such as "all overtime is covered by the salary" is, according to case law of the Federal Labour Court, often invalid if it does not make clear how much overtime it is meant to cover – extra hours actually worked must then be paid separately.
Anyone claiming overtime in court must in principle set out in detail on which day how many hours of overtime were worked for what reason and ordered, tolerated or approved by the employer – your own complete records are therefore important.
The Working Time Act mainly protects maximum working time and rest periods; it does not directly give rise to a separate entitlement to overtime pay.

Evidence

Arbeitszeitgesetz (ArbZG), gesetze-im-internet.de
Arbeitsschutzgesetz (ArbSchG) § 3, gesetze-im-internet.de
energieundrecht.com, "Reform des Arbeitszeitgesetzes 2026: Referentenentwurf liegt vor"
der-paritaetische.de, "Referentenentwurf zur Änderung des Arbeitszeitgesetzes"

As of

September 2026 · Sources and method

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