Showering during working hours: New judgment of the Federal Labor Court

Showering during working hours: New judgment of the Federal Labor Court

- The Federal Labor Court has spoken an important judgment: Showering can be part of the working hours. This applies in particular to professions in which employees are heavily dirty, which in a current case of a mechanic from Nuremberg becomes clear.

The plaintiff, a container mechanic from the Nuremberg region, carries out physically exhausting tasks in which he processes rusty and damaged areas on containers. According to his lawsuit, however, he received no remuneration for the time he needed for changing and washing. This time has not yet been recognized as working hours.

judicial discussion and demands

With the lawsuit, the mechanic demanded a repayment of 25,000 euros for the past five years. The State Labor Court of Nuremberg decided in favor of the mechanic, but recognized that a large part of his claims could no longer be asserted due to the limitation period. Instead of the required amount, he therefore only received about 2,400 euros.

The company for which the mechanic works went into revision. The judges of the Federal Labor Court have now confirmed that the time for moving and the associated paths to the changing room must be regarded as part of the working time subject to remuneration. This decision represents a significant step in the legal assessment of working hours and could have far -reaching effects on the industry.

The regulations for so -called "body cleaning times" are particularly interesting. The court made it clear that these times are also subject to remuneration if they are in direct connection with the practice of work. This applies in particular to situations in which workers are subject to special hygiene regulations due to their activities or deal with materials that are hazardous to health.

regulations and their application

In the current case of the Nuremberg mechanic, it is still open to what extent body cleaning is actually necessary and how much time it takes. The State Labor Court has initiated investigations here to clarify the degree of pollution and the duration of the washing process. While body odor and sweat alone are not enough to justify remuneration for body cleaning, other criteria such as pollution through rust and components can play a role.

These legal developments correspond to growing awareness of the working conditions in physically demanding appointments. In addition, they emphasize the responsibility of employers to ensure adequate working conditions that go beyond pure working hours.

A look at the future

relevant legal bases

The decision of the Federal Labor Court (BAG) is based on various laws and regulations that regulate working conditions in Germany. An important document is the Working Hours Act (ArbZG), which defines working hours and its remuneration in § 2. It should be emphasized that the legislature also has the health of the employees in mind and grants them the right to an appropriate break and recovery time.

In addition, the General Equal Treatment Act (AGG) plays a role that prevents discrimination at work and ensures that all employees can work under the same conditions. These legal foundations offer a framework within which the courts make decisions that protect the well -being of the workers.

impact on employers and employees

The current decision has far -reaching consequences for both employers and for employees. For companies, this means that you have to rethink your work time recording and remuneration systems. Employers are now legally obliged to integrate times for changing and cleaning processes into the labor period. This could lead to higher wage costs, especially in industries in which such activities often occur.

for employees, this decision represents progress, since they have the right to receive remuneration for all working hours that are even remotely associated with the work. This could also be interpreted as an encouraging signal for the enforcement of employee rights.

Health and hygiene in the workplace

The decision also emphasizes the importance of health and hygiene in the workplace. In view of the increasing importance of health regulations, especially in times of health crises such as Covid-19 pandemic, compliance with hygiene standards is becoming increasingly central. Companies must ensure that appropriate measures are taken so that the health of their employees is not endangered.

In addition, the decision can be seen as an invitation to employers to invest in better infrastructure in order to ensure hygiene in the workplace. The provision of appropriate changing room and shower facilities can not only promote the well-being of the employees, but also help to improve productivity as a whole.

Statistical insights into working hours design

Current statistics show that around 12% of German employees work in professions in which such hygiene times are particularly relevant, for example in construction, food production or healthcare. According to a study by the German Trade Union Confederation (DGB), many employees complain that their actual working hours often do not reflect the indicated hours because breaks and preparation times are not covered.

A survey by the German Economy Institute in 2021 showed that 35% of the respondents believe that their working conditions should be improved to protect their health. These numbers underline the relevance of the current case law as well as the need to adapt working hours and its remuneration to the real working conditions.

For further information on legal framework and current reports on working hours in Germany, see DGB .