The EU rule
Under Article 3 of the EU Working Time Directive 2003/88/EC, every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period. Each member state turns this into national law.
The rule in Germany
Employees must have an uninterrupted rest period of at least eleven hours after the end of their daily working time (§ 5 para. 1 ArbZG). The rest period starts when work actually ends – so overtime pushes it back.
Exceptions in Germany
In hospitals and other institutions for treatment, care and support, in restaurants and accommodation, in transport companies, in broadcasting and in agriculture and animal husbandry, the rest period may be shortened by up to one hour to ten hours. Every reduction must be compensated within one calendar month or four weeks by another rest period of at least twelve hours (§ 5 para. 2 ArbZG). Collective agreements can allow further deviations (§ 7 ArbZG).
The typical trap: the quick turnaround
Anyone going straight from a late shift to an early shift quickly falls below eleven hours (24-hour clock, with 12-hour time in brackets):
| Shift ends | Next shift starts | Rest | Enough? |
|---|---|---|---|
| 22:00 (10 PM) | 06:00 (6 AM) | 8 hrs | no |
| 22:00 (10 PM) | 09:00 (9 AM) | 11 hrs | yes |
| 06:00 (6 AM, night shift) | 22:00 (10 PM) | 16 hrs | yes |
| 14:00 (2 PM) | 06:00 (6 AM) | 16 hrs | yes |
Maximum working time for night work in Germany
The length of a shift is limited, too: generally 8 hours per working day are allowed, up to 10 hours if an average of 8 hours is kept. For night workers, this compensation must happen within one calendar month or four weeks (§ 6 para. 2 ArbZG).