The basic rule
The German Working Hours Act briefly defines working time as the time from the start to the end of work, excluding rest breaks (Section 2(1) ArbZG). In practice, the line is often hard to draw: does the trip to a customer count? The train journey on a business trip? Changing clothes before a shift? And what about on-call duty?
One distinction matters: whether time counts as working time under the Working Hours Act determines maximum hours and rest periods. Whether it is paid depends on the employment contract, collective agreement and pay rules. The two can differ.
The commute
The normal journey from home to work and back is not working time. An important exception applies to field workers without a fixed place of work: according to a 2015 ruling of the European Court of Justice, their journey from home to the first customer and from the last customer back home counts as working time.
Business trips
If you travel on your employer's instructions, for example to a meeting in another city, the Federal Labour Court's case law generally treats travel time as work that must be paid. Employment or collective agreements may, however, provide separate, even lower pay for it.
For the Working Hours Act, what matters is what you do while travelling. If you have to drive yourself or work during the journey, that is working time. If you sit on the train as a passenger and can use the time freely, it usually does not count as working time under the Act.
Changing clothes
If your employer requires conspicuous work clothing that you must put on at the workplace, changing usually counts as working time, including the walk to the changing room. If you may put the clothes on at home and wear them inconspicuously on the way to work, changing generally does not count.
On-site standby duty
During on-site standby duty you must stay at a place determined by your employer, such as the hospital, and start work immediately when needed. According to the European Court of Justice, this is working time in full under the Working Hours Act, even if you sleep during it. Standby duty may, however, be paid at a lower rate than full work if the collective or employment agreement provides for this and the minimum wage is respected.
On-call duty
When on call, you can choose where you are and only need to be reachable. Only actual call-outs count as working time, including a call you deal with. A call-out interrupts the rest period. The European Court of Justice sees an exception where the constraints are so tight that you can hardly organise your free time, for example with a response time of a few minutes. In that case on-call time may count as working time in full.
Breaks
Genuine rest breaks are not working time. If you have to stay reachable during the break or wait at your workstation, legally it is not a break but working time. How long breaks must be at a minimum is explained in the guide German Working Hours Act 2026.
Training and staff meetings
If your employer orders you to attend a training course, attendance usually counts as working time. Attending works meetings during working hours is also paid like working time (Section 44 of the Works Constitution Act). Voluntary training in your free time, on the other hand, generally does not count.
Calculating your working time
Once it is clear which times count, you can enter your week in the working hours calculator. It calculates net working time per day and week and checks whether breaks, maximum daily hours and rest periods are respected.
This article provides a general overview and does not replace legal advice. Collective and works agreements may contain different rules.