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.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | 1 × 30 min, unpaid | None |
| 8 hours | 1 × 30 min, unpaid | None |
| 10 hours | 1 × 45 min, unpaid | None |
| 12 hours | 1 × 45 min, unpaid | None |
- 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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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.