Working time; monitoring

The labor inspectorates at the governments monitor compliance with the Working Hours Act and, in exceptional cases, approve, among other things, work on Sundays and public holidays, as well as, in individual cases, an increase in the maximum permissible working hours with appropriate compensation.

Description

The basic prohibition of employment on Sundays and public holidays, the maximum permissible duration of the daily working time as well as the required breaks and indirectly the free time as so-called rest period are regulated in the Working Hours Act. Both the Working Hours Act and the Bavarian Ordinance on the Requirement of Trade and Commerce already contain various statutory exceptions (e.g. for hospitals or energy supply) with regard to Sunday and holiday employment.

The regular working day may not exceed eight hours; however, it may be extended to up to ten hours if an average working day of eight hours is not exceeded by a corresponding reduction on other working days in six calendar months or 24 weeks. However, the Working Hours Act only specifies the upper limits for reasons of health protection. The actual working hours to be worked or the weekly working hours are determined by the collective agreements or the employment contract.

Compliance with the Working Hours Act is monitored by the labor inspectorates. They may order the necessary measures to be taken by the employer in order to comply with the obligations arising from the Working Hours Act and the statutory orders issued on the basis of this Act.

The labour inspectors may

  • enter and inspect workplaces during operating and working hours,
  • demand information from the employer and require the employer to provide proof of working hours as well as collective bargaining agreements or company agreements,
  • determine the permissibility of work on Sundays and public holidays in individual cases,
  • authorize longer daily working hours in individual cases, subject to appropriate compensation
  • issue orders to enforce the provisions of the Working Hours Act, and
  • punish violations with a fine.

Fees

  • none

Links to more information

Status: 14.01.2023

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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