Does my employer have to provide me with breaks during working hours?
March 25, 2023 | 40,00 EUR | answered by Bernhard Vollmann
Dear Employment Lawyer,
My name is Ella Sauer and I work as an office clerk in a small company. Lately, I have noticed that I am unable to take breaks during my working hours, as I am constantly busy with various tasks and projects. This has resulted in me working for several hours straight without being able to take a break.
I am concerned about my health and well-being, as I am starting to feel increasingly stressed and overwhelmed. I wonder if my employer is required to provide me with breaks during working hours to reduce my workload and give me the opportunity to rest.
Could you please explain to me what legal regulations exist regarding breaks during working hours and whether my employer is obligated to provide me with breaks? Are there any possible solutions for me to request breaks without fearing negative consequences? I would greatly appreciate your help and support in this matter.
Sincerely,
Ella Sauer
Dear Mrs. Sauer,
Thank you for your inquiry regarding your workload and the possibility of taking breaks during your working hours. As a lawyer specializing in labor law, I can assist you and provide information on the legal regulations regarding breaks during working hours.
In Germany, the Working Hours Act (ArbZG) regulates the design of working hours and also stipulates that employees are entitled to breaks. According to § 4 ArbZG, if the working hours exceed six but do not exceed nine hours, a total minimum break of 30 minutes must be granted. If the working hours exceed nine hours, employees are entitled to a minimum break of 45 minutes. These breaks can be divided into segments of at least 15 minutes each.
Therefore, your employer is legally obligated to provide you with breaks during your working hours to reduce your workload and give you the opportunity to recover. If your employer does not comply with these legal requirements, you can address this and demand your breaks. It is important that you communicate openly and constructively with your employer about your workload and the necessity of breaks.
If your employer continues to deny breaks and threatens negative consequences, I recommend seeking advice from a specialist lawyer in labor law. A lawyer can provide you with legal support and, if necessary, take legal action to enforce your rights.
I hope this information is helpful and supportive in your situation. If you have any further questions or need legal advice, please feel free to contact me.
Sincerely,
Bernhard Vollmann
