Minimum working hours and maximum working hours – what is allowed?

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How long am I allowed to work on a normal working day and how long does my employer have to employ me for at least one assignment? This question can arise more often, especially when it comes to on-call work and flexible working hours. Unfortunately, the answer is not so simple:

What counts as working time?
Working time is the time from the start of work to the end of work, excluding rest periods. The legally prescribed rest period of 11 hours interrupts work.

Working time begins at the moment the work-related activities specified in the contract are carried out.

“Work is any activity that serves to satisfy the needs of another (the employer’s interest). This includes the activity owed under a contract or the activity subject to the employer’s right to give instructions.” (Federal Labor Law)
The journey to work is not considered working time. However, putting on work clothes is, especially if the protective clothing is required by law.

How long can a work assignment be?
The length of working hours is usually determined by the Cell Phone Number Database employment contract or collective agreement. If there is no precise agreement on the minimum working hours per working day, the statutory working hours apply, including the maximum working hours of eight hours per day.

An employer can extend the maximum daily working time to up to ten hours without having to provide a specific reason for this extension. However, this extension, also known as overtime, is only permitted if it is compensated for at a later date by reducing the hours.



How long does a work assignment have to be at least?
The minimum working hours are the minimum number of hours that an employee must work each day. This target, i.e. the minimum number of hours to be worked, can be negotiated between employers and employees.

There are no precise guidelines as to how long a work assignment must be. However, there are regulations for this within the framework of on-call work.

minimum working hours
special regulations on working hours
Special rules apply to certain groups of people, especially minors and pregnant or breastfeeding mothers.

Maximum working hours for minors
Minors between the ages of 15 and 18 are allowed to work a maximum of 40 hours per week and (except in care or catering) only on working days.

If they work for four hours or more, they must take a break of at least 30 minutes. The rest period between two working days must not be less than 12 hours.

In addition, minors must have at least two Sundays off per month.

Pregnant and breastfeeding mothers
For pregnant or breastfeeding women, the legal maximum daily working time is 8.5 hours. They may work a maximum of 90 hours in a double week (i.e. two weeks combined).

If the pregnant or breastfeeding mother is under 18 years of age, the maximum working time is 8 hours and 80 hours in a double week.

Working overtime for this group of people is prohibited by law. Night work, Sunday work and public holiday work (if permitted by law) may only be carried out in exceptional cases.

Employment until 10 p.m. is only legitimate with the consent of the employee.