There are many half-truths circulating about the start and end of working hours, often leading to confusion among employees and employers alike. Misunderstandings about what constitutes official working time can result in disputes or unintentional violations of labor laws. In this context, a lawyer clarifies the legal definition of working hours, distinguishing between what is considered part of the job and what falls outside its scope. For instance, time spent commuting, short breaks, or waiting for assignments may not always count as working time unless specified in the contract or regulated by labor laws. Understanding these distinctions helps ensure fair treatment and proper compensation for all parties involved.
“Coffee breaks don’t count as working time because they interrupt the workflow,” says Karina Bischoff, labor law specialist at Bird & Bird.
Start of working hour
Occasionally, confusion arises among employees regarding the precise start of their working hours. Some believe that simply entering the company premises marks the beginning of their workday, while others argue that only the commencement of actual job duties should count. Disputes can also occur over whether time spent on smoking or coffee breaks is considered part of the official working time. Karina Bischoff, a labor law specialist and associate at the international labor law department of the Düsseldorf-based firm Bird & Bird, addresses these concerns in an interview . She provides clarity on key issues such as the official start and end of working hours, as well as the rules surrounding break times. “In principle, working hours begin as soon as the employee starts their daily tasks or makes themselves available to perform their work,” explains Karina Bischoff. However, she emphasizes that determining the exact moment when this occurs depends on the specific circumstances of each situation and must be evaluated individually.
Set up time
In assessing when working time begins, specific operational requirements must also be considered. Karina Bischoff points to travel time within the company premises—such as walking from the entrance to the actual workstation—as an example that may vary by context. However, she notes that the time spent booting up a computer at one’s desk consistently qualifies as working time. Legally, this activity is classified as “setup time,” which refers to the preparatory period an employee needs to get ready for their core tasks.
Donot count as working time
Working time is defined as the period from the beginning to the end of an employee’s work, excluding any rest breaks. According to the Working Hours Act, employees are entitled to at least a 30-minute break if they work six hours or more, and a 45-minute break if they work nine hours or more. “In effect, coffee and smoking breaks don’t count as working time because they interrupt the workflow,” explains Karina Bischoff. Nevertheless, many managers tolerate these short breaks as they can enhance team morale and boost motivation. However, Bischoff points out that employers are legally entitled to require employees to make up for the time spent on such informal breaks—or even to prohibit them entirely beyond the legally mandated minimum rest periods.
