Creating a Shift Schedule Without Violations: Rest Periods, Breaks, Maximum Working Time
Rest periods undercut, a break forgotten, maximum working time exceeded — the three most common violations in shift work. How to avoid them.
Rest periods undercut, a break forgotten, maximum working time exceeded — these are the three most common violations in shift work. They rarely happen out of bad intent, but because the overview gets lost in the day-to-day of planning. The consequences range from fines of up to €30,000 (§ 22 ArbZG) to criminal liability in cases of intentional endangerment of health (§ 23 ArbZG).
This article shows you which rules the German Working Hours Act sets out, where mistakes happen in practice and how to build your shift schedule so that it is legally compliant from the start.
The three pillars of the Working Hours Act for shift planning
The German Working Hours Act (ArbZG) protects employees from health-endangering overload. Three rules are decisive for scheduling:
Rest period
At least 11 hours of uninterrupted rest between two working days
Rest breaks
30 min. from 6h, 45 min. from 9h — at the latest after 6h of uninterrupted work
Maximum working time
Max. 10h per day, on average 8h over 6 months / 24 weeks
Rest periods: at least 11 hours between two shifts
Under § 5 (1) ArbZG, employees are to have an uninterrupted rest period of at least 11 hours after the end of their daily working time. This is probably the most critical rule for shift planning — and at the same time the one that is violated most often.
What this means in concrete terms
If an employee finishes work at 10:00 p.m., their next shift may begin at 9:00 a.m. at the earliest. Not at 6:00, not at 7:00, not at 8:00.
Typical mistake: the late-to-early switch
The classic problem: an employee works a late shift until 10:00 p.m. and is supposed to take on the early shift from 6:00 a.m. the next day. That is only 8 hours in between — a clear violation of § 5 ArbZG.
| Scenario | Shift ends | Next start | Rest period | Compliant? |
|---|---|---|---|---|
| Late → Early | 22:00 | 06:00 | 8 h | ✗ No |
| Late → Late | 22:00 | 14:00 | 16 h | ✓ Yes |
| Late → Midday | 22:00 | 09:00 | 11 h | ✓ Yes (just) |
| Night → Early | 06:00 | 06:00 (+1) | 24 h | ✓ Yes |
Break rules: what ArbZG § 4 requires
The break rules are clearly defined, but in practice they are often applied incorrectly — especially in industries under high time pressure such as hospitality, care work or retail.
Break table at a glance
| Working time | Mandatory break | Splitting |
|---|---|---|
| Up to 6 hours | Not mandatory | — |
| Over 6 to 9 hours | 30 minutes | e.g. 2 × 15 min. |
| Over 9 hours | 45 minutes | e.g. 1 × 30 + 1 × 15 min. |
Common misconception
Breaks at the beginning or end of a shift are not breaks within the meaning of the law. And: on-call duty at the workplace does not count as a break — the employee must be able to dispose freely of their time.
Maximum working time: 10 hours per day, 48 hours per week
The ArbZG provides that daily working time on workdays should as a rule not exceed 8 hours. It can be extended to up to 10 hours per day — but only if the average of 8 hours per workday is not exceeded within 6 calendar months or 24 weeks.
On a weekly basis, this means: a maximum of 48 hours (6 workdays × 8 hours). Up to 60 hours is possible for short periods, but only with compensation.
Worked example
An employee works 50 hours per week for 3 weeks (10h × 5 days). That is 6 overtime hours per week = 18 overtime hours over 3 weeks. In the following 3 weeks they may work a maximum of 42 hours each, in order to keep the average at 48h.
Three real-world examples: where violations happen in the shift schedule
Hospitality: late-to-early over the weekend
Friday late shift until 11:30 p.m., Saturday early shift from 8:00 a.m. Rest period: 8.5 hours. Violation of § 5 ArbZG. Even with the hospitality exception (10h rest period), it is not enough.
Care work: 12-hour shift without a proper break
A care worker works 12 hours with a 30-minute break. 45 minutes would be required (over 9h). On top of that: 12h of working time exceeds the maximum working time of 10h (§ 3 ArbZG). A double violation.
Retail: a 6-day week with long Saturdays
Monday to Friday 8h + Saturday 10h = 50h. Works in the short term (compensation required). But: if no 45-minute break is scheduled on Saturdays (10h shift = over 9h), violation of § 4 ArbZG.
Get ArbZG alerts while you plan
Shiftdesk shows ArbZG alerts directly as you plan — rest periods, breaks, maximum working time. Free for 14 days.
Checklist: create a shift schedule without violations
Check rest periods
At least 11 hours of rest between every shift. No late-to-early switch without checking.
Schedule breaks
From 6h: 30 min., from 9h: 45 min. Make breaks visible in the schedule, don't leave them to chance.
Respect the 10-hour limit
No shift over 10 hours. At 10h: don't forget the mandatory 45-minute break.
Monitor weekly hours
Max. 48h on average (6 months). Systematically balance out overtime.
Apply industry exceptions correctly
Reducing the rest period to 10h is only allowed in certain industries — and only with compensation.
Rethink shift patterns
Forward rotation (early → late → night) instead of backward rotation. It's healthier and more compliant.
Use digital planning
Software with ArbZG alerts flags violations immediately — before they happen.
Industry exceptions: where the rest period may be shortened
In certain industries, § 5 (2) ArbZG permits a reduction of the rest period to 10 hours (instead of 11). This applies, among others, to:
- Hospitals and care facilities
- Restaurants and accommodation businesses (hotels)
- Transport operations
- Broadcasting organisations
- Agriculture and animal husbandry
Condition for the reduction
Every reduction must be compensated for within one calendar month or 4 weeks by extending another rest period to at least 12 hours. Without compensation, the reduction is not permitted.
Automatic ArbZG alerts with Shiftdesk
Shiftdesk automatically shows alerts when you create the schedule if statutory limits are reached or exceeded:
Rest periods
Warning when there are fewer than 11 hours between two shifts.
Breaks
Automatic break calculation under ArbZG § 4 during time tracking.
Weekly hours
Alert when 48h/week is exceeded. Working-time account with balances.
All alerts appear directly in the schedule — as coloured badges on the affected shift. Read more on the ArbZG compliance page.
Frequently asked questions about rest periods, breaks and maximum working time
How long must the rest period between two shifts be?
Section 5 of the German Working Hours Act (ArbZG) requires an uninterrupted rest period of at least 11 hours. In certain industries (including hospitality, care work and transport), reductions are possible under specific conditions. The details should be reviewed on a case-by-case basis.
When is a break mandatory?
A break must be taken after no more than 6 hours of work. For 6–9 hours: at least 30 minutes. From 9 hours: at least 45 minutes. Breaks may be split into blocks of at least 15 minutes.
What is the maximum number of hours you may work per day?
Section 3 of the German Working Hours Act (ArbZG) generally provides for an 8-hour day. An extension to up to 10 hours is possible under certain conditions, provided that this is balanced out within the statutory reference period. The details depend on the individual case.
What happens if you violate the Working Hours Act?
Sections 22 and 23 of the German Working Hours Act (ArbZG) provide for fines and, in cases of intentional endangerment of health, also criminal consequences. The competent supervisory authority can issue orders. The details of any specific penalty depend on the individual case.
Does the break count as working time?
No. Rest breaks are not counted as working time. An 8-hour shift with a 30-minute break means 8.5 hours of presence, but only 8 hours of working time.
Conclusion
A legally compliant shift schedule is no rocket science — but it does require care with three things: 11 hours of rest, correct breaks and a maximum of 10 hours per day. Anyone who anchors these basic rules in the planning process avoids fines and at the same time protects the health of their employees. You'll find the complete guide to creating a schedule in our guide. For shift operations with rotation and night work, there is the dedicated guide on creating a shift schedule.
With a scheduling software like Shiftdesk you automatically receive alerts about possible planning conflicts — even before the schedule is published. Try it free for 14 days.
This article is for general information purposes only and does not constitute legal advice. The presentation is based on the German Working Hours Act (ArbZG) in its current version, in particular §§ 3, 4 and 5. Special provisions in collective bargaining agreements and company agreements may differ. The presentation refers to German law. Different rules apply in Austria and Switzerland. For an individual assessment, consult a specialist lawyer for employment law.
The Shiftdesk team writes about scheduling, time tracking and labor law in the DACH region — practical and easy to follow.
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