Germany Federal Labour Court rules on automatic break deductions

The German Federal Labour Court (BAG) has issued a ruling regarding the automatic deduction of break times from employee working hours. In the case (file number 5 AZR 51/24), a clinic physician sought compensation for 59 hours and three minutes that were deducted by an automated system despite her working through those periods.

While the employer's software automatically subtracted 30-minute breaks whenever an employee worked longer than six hours, the court found that such a programmed calculation does not prove an actual interruption of work. The court ruled that an automated deduction cannot serve as definitive evidence that a break was actually taken, especially when the employee has documented their actual working times and specific breaks separately.

The BAG overturned a previous lower court decision and sent the case back to the Saarland State Labour Court for further proceedings. This ruling clarifies that while employers must adhere to the Working Hours Act (ArbZG)—which mandates 30-minute breaks for shifts between six and nine hours—they cannot rely solely on automated software deductions to justify unpaid time if the employee was actually performing duties.