The German work time law sets basic conditions for the work times of the employees in Germany. It is obligatory on employers and employees.

The work time law is based on the European guideline 93/104/EG from 23 November 1993. Before the entry into force of the work time law the work time of the persons employed was regulated in Germany in the working time regulations.

Law purpose

Purpose of the law is after its "§ 1 to ensure security and the health protection of the employees during the work time organization and to improve the basic conditions for flexible work times as well as to protect Sunday and the nationally recognized holidays as days of the work peace and the mental collection of the employees. Applies only to superiors

Range of application

The work time law applies in principle to all employees; following person's groups and industries are excluded:

• leading employees in the sense "§ 5 exp. of the 3 of the industrial democracy act,
• Leaders of public agencies and their representative as well as employees in the public service, that are authorized to independent decisions in affairs of personnel,
• Employees, which live together in domestic community with them entrusted persons and educate, maintain or care for them solely responsible,
• the liturgical range of the churches and the religious communities,
• Under 18 years, for these the law for the protection of young workers applies for persons,
• Employee on Kauffahrteischiffen as crew members, for these applies the sailor law,
• Employee as crew members of aircraft, for these applies the second implementation regulation to factory regulations to aviation equipment.

The work time law does not apply to officials, judges and soldiers.

Work time regulations

Work time in the sense of this law is the time of the beginning up to the end of the work without the Ruhepausen. After the basic regulation in "§ 3 ArbZG may not exceed the work-daily work time of the employees eight hours. It can be only extended on up to ten hours, if within six calendar months or within 24 weeks on the average eight hours are not exceeded work-daily. For night work takers reconciliation must be manufactured on on the average eight hours in accordance with "§ 6 exp. 1 sentence 1 AbzG within a monthly or within four weeks.

The work time law gives a framework, which can be extended however by agreements between the parties to a wage agreement (collective agreement, employment agreement) or special permissions of the responsible authority in the context of the law.

Sunning and holiday regulations

In principle employees at sunning and holidays may not be employed in accordance with "§ 9 ArbZG. "§ 10 ArbZG contains for work, which cannot be shifted on working-days, a broad catalog of exceptions. Also in this connection deviating regulations are possible by collective agreement, employment agreement or with permission of the supervisory authority

Violations of the law

Offences of the employer against the regulations of the work time law are to be punished after the catalog "§ 22 ArbZG comprehensively as irregularities. If the employer commits offences against material regulations of the law (and not only against notice and duties to supply information) deliberately and thereby if health or worker of an employee is endangered or if the employer repeats the offence persistently, then it commits a criminal offence of the Nebenstrafrechts.

Literature

• Dirk Neumann, Josef Bibl: Work time law. Comment. Publishing house C.H. Beck, 14. Edition, Munich 2004, ISBN 340652236X
• Rudolf Anzinger/Wolfgang Koberski: Comment on the work time law. Publishing house right and economics, 2. Edition, Frankfurt/Main 2005, ISBN 3-8005-3055-4

Related links

• Work time law of the Federal Department of Justice and Juris
• Christian Schlottfeldt: '' Work time right ''

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