Break management is an important part of working time recording. There are legal regulations governing compliance with break times and when they must be taken. It is therefore important that modern time recording systems offer an easy way to take into account and manage break times.
What counts as a break during working hours?
According to the Working Hours Act (ArbZG), working time is the time from the start to the end of work without breaks. Accordingly, the ArbZG primarily regulates working time as a whole and also stipulates the regulations for breaks. However, the exact implementation of these rules is subject to employment contracts, collective agreements and works agreements.
The ArbZG stipulates a break of at least 30 minutes for working hours between six and nine hours. If the working time exceeds nine hours, the break requirement increases to 45 minutes.
However, there are no regulations that these breaks must be taken in one piece. How these break times are divided up is up to the employer. And basically, you can also leave it up to your employees and they can divide up the 30-minute break as they wish. There are therefore no limits. The free choice of breaks naturally requires a high degree of trust, but has the advantage that employees do not suddenly drop everything and can only take their breaks once they have completed their tasks.
A break is anything that has nothing to do with work as such. This could be a cigarette break or a coffee in the cozy café across the street. Both employees and employers are obliged to record and log every break. This serves the purpose of occupational health and safety, but also to prove that only the time actually worked is remunerated. Anyone who sits in a café for ten minutes a day and records this as working time instead of a break can be dismissed without notice. This was decided by the Hamm Regional Labor Court in 2023.
In short: Leaving the workplace for a break, no matter how short, must be “stamped”.
Break management with modern time recording systems
Nowadays, time recording is relatively simple and, above all, easy for everyone to understand and implement. It is no longer necessary for every employee to run to the time clock for their lunch break. With modern time recording systems such as timeCard, it is very easy for employees to record their time directly at the workplace. Whether on the computer or on a smartphone via an app.
As an employer, it is your duty to ensure that the statutory breaks are observed, i.e. that your employees take their breaks. Regardless of whether they are firmly anchored in the schedule or can be freely decided, around 26% of all employees occasionally skip their breaks. This is more common among women (31%) than men (27%). The reasons for this may vary, but it is suspected that it is linked to excessive pressure to perform or tight deadlines.
If the break times are recorded correctly, you have a direct insight into whether your employees are taking the breaks they are entitled to. This is particularly relevant when working from home, as you have no influence on whether your employees are taking their breaks. If this is not the case, you should get to the bottom of the matter and make your employees aware of the issue. If break times are not adhered to, the company could face fines of up to 15,000 euros.
Incidentally, breaks also promote team cohesion. 47% of all employees use their breaks to exchange ideas with colleagues. In addition to relaxation, breaks also help to improve teamwork.
