Working time; monitoring

The trade supervisory offices at the governments monitor compliance with the requirements of the Working Hours Act and approve work on Sundays and public holidays in exceptional cases, as well as increasing the maximum permitted working hours in individual cases with appropriate compensation.

The fundamental ban on working on Sundays and public holidays, the maximum permitted duration of working hours on weekdays and the required rest breaks as well as the so-called rest period (free time) after the end of the daily working hours are regulated in the Working Hours Act. Various legal exceptions (e.g. for hospitals or energy supply) regarding employment on Sundays and public holidays are already regulated both in the Working Hours Act and in the Bavarian Ordinance on Necessities.

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

Compliance with the provisions of the Working Hours Act is monitored by the regional labor inspectorates. They can order the necessary measures to be taken by the employer to fulfill the obligations arising from the Working Hours Act and the legal ordinances issued on the basis of this Act.

The labor inspectors may

• enter and inspect workplaces during operating and working hours,
• request information from the employer and demand that he submit or send for inspection working time records, collective agreements or company or service agreements as well as other working time records or business documents that directly or indirectly provide information on compliance with the Working Hours Act,
• determine the permissibility of working on Sundays and public holidays in individual cases by official notice,
• authorize longer daily working hours in individual cases with appropriate compensation
• issue orders to enforce the provisions of the Working Hours Act and
• punish violations with a fine or, in particularly serious cases, with a prison sentence.

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