Germany: Employer beverage obligations at high temperatures

Under German labor regulations, employers are required to provide suitable beverages when ambient temperatures exceed 30 degrees Celsius. This requirement is based on the Technical Rule for Workplaces (ASR A3.5), which concretizes the Workplace Ordinance. While there is no general legal entitlement to beverages like coffee or water when temperatures are below 26 degrees Celsius, employers are encouraged to provide them at that threshold.

In practice, authorities and courts treat these technical rules as binding standards. Failure to comply can result in orders from the trade supervisory office, potentially leading to the shutdown of specific work areas. These obligations extend beyond office environments to include outdoor workers and those in vehicles, such as delivery drivers or public transport staff.

Additionally, employees may have legal claims to previously provided beverages through the principle of 'company practice' (betriebliche Übung). If an employer has consistently provided free refreshments without reservation for several years, this voluntary service can evolve into a legally enforceable contractual right.