Can I take a break at the end of working hours?
The clear answer is: No, the breaks required by law cannot take place at the end of working hours. Section 4 of the Working Time Act provides that breaks be determined in advance AND during working hours must be taken. The aim is to ensure the recovery of workers before the end of work, after 6 hours at the latest. A break before work would defeat this purpose.
Digital pausing and recording working time made simple
With clocking you don’t have to worry about whether breaks are recorded correctly. With the app you can record breaks and working hours from anywhere, in accordance with the Working Time Act. This means that you always have an overview and can monitor compliance with legal obligations.
How long should the break last?
Legal minimum breaks
The Working Time Act distinguishes according to the duration of the daily working time:
- More than 6-9 hours of work: at least 30 minutes break
- More than 9 hours of work: at least 45 minutes of break
Breaks can be divided into sections of at least 15 minutes each.
Does the break count as working time?
No. Breaks are not considered working time unless the employer or collective agreement provides for compensation. So usually they will unpaid.
Break shortly before the end of the working day: is it allowed?
A break “shortly before the end of work” may be permitted by law – as long as it is it does not directly follow the end of working hours.
Can I work more than 6 hours without a break?
No, it is not allowed. Anyone who works more than six hours must take a break. Employers are obliged to ensure that these breaks are actually taken. If breaks are not given, this violates the Working Time Act.
Can I leave the company headquarters during the break?
Usually yes. A break means that you can use your time freely, even leaving the company premises. Your employer can only limit this in justified exceptional cases, for example for safety reasons or if on-call duty is required.
Typical misunderstandings about breaks
“The break is included in my 8 hour shift.”
It’s partly true. The break is required by law AND Part of your working daybut it matters not during working hours.
So, if you are assigned a work shift between 10:00 and 18:00, the break is already included. Your working time will therefore be only 7.5 hours despite an 8-hour shift.
However, if you are assigned an 8 hour shift without a clear time limit, you will be required to work 8 hours. However, the actual time spent in the company will be 8.5 hours.
“My employer can just deduct my breaks.”
It’s not that simple. Breaks must be taken and documented. Your employer is obliged to ensure that you accept this. It can “simply deduct” break time from you without making sure you actually took it.
Conclusion: The plan terminates successfully
A break at the end of working hours is not permitted. Breaks must take place during working hours, be taken punctually and intended for relaxation. Employers are required to comply with legal regulations and ensure that breaks are possible. Employees should make sure they actually use their rest breaks, not only for legal reasons, but also for their own health.