Overtime and working time in training: What is allowed

In short: Trainees must not work overtime permanently; overtime must be appropriately paid or compensated, and for minors fixed upper limits apply.

In more detail: In training learning comes first. The company may entrust trainees only with tasks that serve the training purpose, and working time is limited by law. This is general information and not legal advice; figures and rules change and depend on industry, collective agreement and individual case. For questions the chamber’s training advisers, works council, youth representation, union or advice centres help.

In Depth

Rules for adults

The Working Time Act applies: as a rule 8 hours a day (up to 10 hours with compensation to an average of 8 within 6 months), rest breaks (30 minutes from 6 hours, 45 minutes from 9 hours) and at least 11 hours of rest between two working days. The regular weekly training time is stated in the training contract (often 35 to 40 hours). Overtime is permissible for trainees only exceptionally, if it serves the training purpose and is reasonable. It must be paid or compensated with time off (§ 17(7) BBiG).

Rules for under-18s (Youth Employment Protection Act)

• At most 8 hours a day and 40 hours a week, 5-day week.
• No night, Sunday and holiday work (exceptions in certain sectors, catering, bakeries).
• Breaks: 30 minutes for more than 4.5 to 6 hours, 60 minutes over 6 hours. Rest period 12 hours.
• Vocational school day: release; on a school day with more than 5 lessons (45 minutes each) no work afterwards, credit of 8 hours.
• Holiday: at least 30 working days under 16, 27 under 17, 25 under 18 (under the Youth Employment Protection Act).
• Ban on dangerous work, duty of health examination.

Typical disputes

• Permanent overtime or “dogsbody” instead of training: this violates the training goal.
• Vocational school and exams are not counted as working time against you.
• Homework/training record: the company must give time for it at work (training record during training time).
• On-call duty, travel time, training courses often count as working time.
• Write down: keep your own time records.

What to do?

1. Raise it factually: trainer, superiors.
2. Involve works/staff council, youth representation, union.
3. Training advice of the IHK/HWK (complaint possible; the chamber supervises training).
4. For health risks or youth-protection violations trade inspectorate/occupational safety authority.
5. Document (times, tasks, conversations). You can assert your rights without having to fear disadvantages: discrimination for exercising rights is prohibited.

See also: Working Time Act, Youth Employment Protection Act, Training record, Training pay