Overtime and Break Laws in Germany (2026)

Arbeitszeitgesetz (ArbZG); Bürgerliches Gesetzbuch (BGB) § 612 · Reviewed 2026-10 · Private-sector employees

Overtime

No statutory overtime premium. The Working Hours Act limits hours but sets no overtime pay; any surcharge comes from the contract, a works agreement or a collective agreement (Tarifvertrag).

Breaks and lunch

Unpaid breaks fixed in advance: 30 minutes total for more than 6 up to 9 hours of work, 45 minutes total for more than 9 hours. No one may work more than 6 hours in a row without a break.

Overtime in Germany

The law sets no overtime premium of its own here. What overtime pays is up to the employment contract or the collective agreement.

  • Overtime that is only expected for pay is deemed paid at the usual rate under BGB § 612, but no premium is required by law.
  • Daily limit is 8 hours per working day (Werktag), extendable to 10 hours if the average stays at 8 hours over 6 calendar months or 24 weeks. Over 6 working days this works out to a 48-hour week on average.
  • Collective agreements can set other compensation periods; the 48-hour weekly average then applies over up to 12 months.
  • Night workers must get a reasonable number of paid days off or a reasonable pay surcharge if no collective agreement covers it (§ 6(5)).
  • No work on Sundays and public holidays, with exceptions (§ 9).
  • Senior executives (leitende Angestellte) and chief physicians are excluded from the ArbZG.

Averaging over a pay period: Allowed: up to 10 hours a day if the average is 8 hours a working day over 6 months or 24 weeks; longer periods by collective agreement.

Breaks and lunch in Germany

  • Rest break: 1 × 30 minutes, unpaid, for shifts of 6 hours or more.
  • Rest break: 1 × 45 minutes, unpaid, for shifts of 9 hours or more.
ShiftRest breaksMeal break
4 hoursNoneNone
6 hours1 × 30 min, unpaidNone
8 hours1 × 30 min, unpaidNone
10 hours1 × 45 min, unpaidNone
12 hours1 × 45 min, unpaidNone
  • Breaks can be split into blocks of at least 15 minutes each.
  • Daily rest of at least 11 uninterrupted hours after the end of the working day (§ 5).
  • Weekly rest day is in principle Sunday (§ 9).
  • Under-18s are covered by the Youth Employment Protection Act instead.

Pay by Germany rules in Kloqk

Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Germany: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.

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General information, not legal advice. Collective agreements, awards and contracts can give more than the law, and laws change. Check the official sources below before acting.

Official sources

Frequently asked questions

What is the overtime rule in Germany?

No statutory overtime premium. The Working Hours Act limits hours but sets no overtime pay; any surcharge comes from the contract, a works agreement or a collective agreement (Tarifvertrag).

Can overtime be averaged over two weeks or a pay period in Germany?

Allowed: up to 10 hours a day if the average is 8 hours a working day over 6 months or 24 weeks; longer periods by collective agreement.

What breaks are required in Germany?

Unpaid breaks fixed in advance: 30 minutes total for more than 6 up to 9 hours of work, 45 minutes total for more than 9 hours. No one may work more than 6 hours in a row without a break.

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