Report • 26.05.2020

Take a deep breath ...and get back to work!

Retail employee break rooms and rest breaks in Germany

Working hard is important, but so is taking proper rest breaks! Whether we spend this time alone or with colleagues, by getting some sunlight and fresh air or by relaxing in designated rooms – we all need to take a break sometimes to relax and recharge our batteries to be effective at work. This also applies to retail employees, who spend most of their workday interacting with customers and perform physically demanding tasks.

The benefits of taking regular breaks are undisputed. But what does the law say? What are the rights of retail employees when it comes to breaks and meal periods? And what duties and responsibilities do employers have regarding employee rest breaks?

A blonde woman holds a coffee cup and smiles into the camera; in the background...
Source: PantherMedia / gstockstudio

What the law says about employee breaks and meal periods

In Germany, break periods are uniformly controlled and regulated in the Working Time Act (Arbeitszeitgesetz – ArbZG). The length of the break depends upon the number of hours worked. The law requires employees to be granted a 30-minute break if they work between six and nine hours. Employees who work over nine hours a day must have a minimum 45-minute break. Employees who work six hours or less are not entitled to a break period.

The employer has the right to stipulate a fixed break time by contract. Employers may also split the rest period into breaks of at least 15 minutes or set one uninterrupted break. An employee is not paid if he or she voluntarily foregoes his or her break.

Break times are not based on age or gender. The Working Time Act also doesn’t stipulate special meal and rest breaks for pregnant mothers or people with disabilities.

What about smoke breaks?

Like other employees, retail employees are free to spend their rest breaks as they see fit. It is up to them whether they spend this time doing exercises, taking a short nap, or having a smoke. However, the law does not entitle employees to take smoke breaks during their workday.

Having said that, many employers allow smoke breaks, though this time is not considered time worked. Employees have to make up this time after completing their regular hours. However, employees should never embark on smoke breaks without prior employer approval, as breaches may result in employees being disciplined or even terminated. 

Where should you go during a break period?

The German Workplaces Ordinance (Arbeitsstättenverordnung - ArbStättV) stipulates that companies with more than 10 employees must provide a break room or designated rest area. A staff break room refers to an enclosed room that is expressly allocated for employee relaxation. Meanwhile, a break area refers to an area that is separated from the main workspace and is designated for meal and rest breaks.

Companies employing less than ten staff members must also set up break rooms if they are required "to ensure safety and health at the workplace". The German Federal Institute of Occupational Safety and Health specifies these provisions in the Technical Rules for Workplaces (Arbeitsstättenregeln – ASR). According to the ASR, companies with employees working in spaces that are “generally accessible by third parties” (i.e., customers, the public, external employees) must always have a designated and separate space for meal and rest breaks. This regulation always applies to retail settings given that customer interaction is par for the course for most retail employees.

Employee break rooms or facilities must be “readily accessible without creating hazard” to employees (ArbStättV). The maximum distance between workspace and break room is 100 meters.

Sitting, standing or lying down?

According to the ASR, the size of the break room must be at least six square meters. If more than six employees have to use the break room at the same time, each person must be allotted at least one square meter. All employees using the break room simultaneously must have access to seating with a backrest and a place at a table. Pregnant women must also have a place to lie down and rest.

The break room must have access to daylight and be adequately lit, climate controlled, and ventilated. External disruptions (odors, noises) and work-related disturbances must be avoided in the break room setting if possible. If there is no on-site cafeteria, employees must be given a way to refrigerate and heat up food.

Outside of scheduled rest periods, break rooms may also be used for other purposes, including meetings or in-house training.

Principal activities: Setting up and balancing the cash drawer and other activities

Principal activities are job duties that are an integral and indispensable element of the employee’s work activities. In the retail setting, this includes changing clothes to work at the meat counter or washing activities at the worksite, setting up the cash register, and similar preparatory activities. This also applies to concluding activities such as closing up a store.

As a general rule, principal activities are considered compensable hours worked and are not counted as authorized work breaks or rest periods.

Author: Sonja Koller

related articles:

popular articles:

Thumbnail-Photo: Event: E-commerce Berlin Expo 2021
28.08.2020   #online trading #e-commerce

Event: E-commerce Berlin Expo 2021

E-commerce Berlin Expo is the biggest pure-play e-commerce event in the (tech) capital city of Germany. Over 9,000 visitors and 200 exhibitors are expected every year.

E-commerce Expo views itself as a community and a meeting point for all major decision-makers in the e-commerce sector. We bring together leaders in the e-commerce industry to offer online sellers and retailers the opportunity to develop their ...

Thumbnail-Photo: Smart clothing to drive fitness wearable revenue...
10.06.2020   #trend research #fashion

Smart clothing to drive fitness wearable revenue

New report forcasts a rise of 11 billion Dollar by 2025

A new report from Juniper Research forecasts that annual revenue of integrated fitness clothing will rise from approximately $1 billion in 2020 to $11 billion in 2025. This rapid growth, boosted by higher pricing, will see smart clothing become the ...

Thumbnail-Photo: How to help urban street commerce thrive
10.09.2020   #brick and mortar retail #city centre

How to help urban street commerce thrive

The science of stores, streets, and public space

It turns out the amount of urban street commerce is strikingly related to population size. The biggest metro areas in the U.S. have one retail, food, or service establishment for roughly every 120 people, while the smallest metro areas have roughly ...

Thumbnail-Photo: The importance of effective complaint management...
12.08.2020   #customer satisfaction #customer relationship management

The importance of effective complaint management

A strategic and cross-channel approach to handling negative customer experiences

Customers are more demanding than ever, while brand loyalty is declining. Even a couple of negative experiences can alienate consumers and erode loyalty. Shoppers increasingly share bad reviews and complaints on public communication channels for ...

Thumbnail-Photo: Come together: local retailers connect with local customers...
15.09.2020   #brick and mortar retail #customer relationship management

Come together: local retailers connect with local customers

The online platform Ladenfreun.de connects local retailers with potential customers. The common denominator: A product.

How can you bridge the gap and connect online retail to pedestrian zones? A Nuremberg startup wondered how this could be accomplished and came up with a solution: Ladenfreun.de. In this interview, founder Matthias Hueber talks about the idea behind ...

Thumbnail-Photo: AfterPay: Survey on the shopping behaviour of Germans...
20.07.2020   #online trading #e-commerce

AfterPay: Survey on the shopping behaviour of Germans

German consumers will make a larger share of their purchases online in July

AfterPay Insights’ end of June research – now covering more 7.400 interviews with German online shoppers – indicates that German consumers will reduce their overall purchases in July. But at the same time, German consumers say ...

Thumbnail-Photo: Labor Day ads up, consumers’ planned spend down...
04.09.2020   #online trading #e-commerce

Labor Day ads up, consumers’ planned spend down

Half of consumers plan to purchase items for Labor Day

Numerator has launched a consumer sentiment survey to understand how people plan to celebrate, shop, and spend for Labor Day. Overall, almost two-thirds of consumers expect to celebrate and shop for Labor Day differently this year and 49% expect to ...

Thumbnail-Photo: Inviting customers to learn new skills in virtual classes...
21.08.2020   #digital marketing #online marketing

Inviting customers to learn new skills in virtual classes

Whole Foods Market launches “Home Ec 365” with modernized lessons in #adulting

Whole Foods Market launched Home Ec 365, a digital curriculum designed to modernize the fundamentals of home economics. Through a series of virtual classes, each with a contemporary take on mastering everyday home tasks and need-to-know life skills, ...

Thumbnail-Photo: Sustainability is surviving COVID-19
27.07.2020   #sustainability #coronavirus

Sustainability is surviving COVID-19

Trends and consumer demographics for sustainable products and brands

The NYU Stern Center for Sustainable Business and IRI® published the results of new research examining consumer purchases of sustainability-marketed consumer packaged goods in the US and taking a closer look at the top 10 states in terms of per ...

Thumbnail-Photo: Video marketing in times of Corona
09.07.2020   #digital marketing #online marketing

Video marketing in times of Corona

The potential of video content for retailers

The spread of the coronavirus has had a particularly severe impact on the stationary retail industry. Many companies are now increasingly focusing on their online presence to cushion declining in-store sales and to virtually stay in touch with their ...