Labor Time Act (ArbZG)

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ArbZG

Date of completion: 06.06.1994

Full quote:

" Working Time Act of 6 June 1994 (BGBl. I p. 1170, 1171), most recently by Article 3 (6) of the Law of 20 April 2013 (BGBl. I p. 868).

Status:

Last amended by Art. 3 (6) G v. 20.4.2013 I 868

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1994 + + +) 
(+ + + implementation of the 
 ERL 104/93 (CELEX Nr: 393L0104) 
 cf.  Art. 4b G v. 24.12.2003 I 3002 + + +) 

  

The G was decided by the Bundestag as Article 1 G v. 6.6.1994 I 1170 (ArbZRG). It's gem. Article 21 (2) of this G entered into force on 1 July 1994.

First section
General provisions

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§ 1 Purpose of the Law

The purpose of the law is to:

1.

to ensure the safety and health protection of workers in the Federal Republic of Germany and in the exclusive economic zone in the organisation of working time, and to improve the conditions for flexible working hours;

2.

to protect Sunday and the state-approved holidays as days of the working rest and the mental survey of workers.

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§ 2 Definitions

(1) Working time within the meaning of this Act is the period from the beginning to the end of the work without the rest periods; working hours among several employers are to be combined. In mining underground, rest periods are counted as working time. (2) Workers within the meaning of this Act are workers and employees, and those employed for their vocational training. (3) Night time within the meaning of this Act is the period from 23 to 6 o'clock, in Bakeries and confectioners the time from 22 to 5 o'clock. (4) Night work within the meaning of this law is any work which includes more than two hours of night time. (5) Night workers within the meaning of this law are workers who are

1.

normally have to do night work in alternating shifts due to their working time arrangements, or

2.

Do night work for at least 48 days in the calendar year.

Second section
Working hours and working hours

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§ 3 Working time of employees

The working hours of workers shall not exceed eight hours. It can only be extended for up to ten hours if an average of eight hours per day is not exceeded within six calendar months, or within 24 weeks on average. Unofficial table of contents

§ 4 Ruhepausen

The work shall be interrupted in advance of fixed rest periods of at least 30 minutes in the case of a working time of more than six to nine hours and 45 minutes, with a working time of more than nine hours as a whole. The rest periods in accordance with the first sentence can be divided into periods of at least 15 minutes each. Workers must not be employed without a rest period for more than six hours in a row. Unofficial table of contents

§ 5 Rest period

(1) Workers must have an uninterrupted rest period of at least 11 hours after the end of their daily working hours. (2) The duration of the rest period referred to in paragraph 1 may be used in hospitals and other facilities for treatment, care and care. Care of persons, restaurants and other facilities for catering and accommodation, in transport, broadcasting and in agriculture and in livestock farming shall be reduced by up to one hour, if any reduction in the number of Rest period within a calendar month or within four weeks by extension (3) By way of derogation from paragraph 1, in hospitals and other facilities for the treatment, care and care of persons, the rest period may be reduced by taking into account the taking of the readiness to call, which are not more than half of the rest period, are compensated at other times. (4) (omitted) Unofficial table of contents

§ 6 Night and shiftwork

(1) The working time of night and shift workers must be determined in accordance with the established scientific knowledge on the humane organization of work. (2) The working hours of the night workers shall be eight hours. do not exceed. It can only be extended for up to ten hours if, by way of derogation from § 3, within a calendar month or within four weeks an average of eight hours per day is not exceeded. For periods in which night workers are not used for night work within the meaning of § 2 (5) no. 2, § 3 sentence 2 shall apply. (3) Night workers shall be entitled to take part in periodic employment before commencement of employment and thereafter at regular intervals. Allow the examination of time intervals of not less than three years in the medical field. After completion of the 50. Night-time workers shall be entitled to this right at intervals of one year. The costs of the investigations must be borne by the employer, provided that he does not offer the examinations to the night workers free of charge by a company doctor or an over-the-job service of occupational physicians. (4) The employer has the To implement, at the request of a night worker, a day-to-day workplace suitable for him, if:

a)

according to the occupational health assessment, the further execution of night work endangers the worker in his or her health or

b)

in the worker's household, a child under the age of 12 who cannot be cared for by any other person living in the household, or

c)

to provide the worker with a family of care who is in need of care and who cannot be supplied by another member of the household;

provided that there is no need for urgent operational requirements. If, in the opinion of the employer, the implementation of the night worker is contrary to urgent operational requirements in the opinion of the employer, the establishment or staff council is to be heard. The holding or staff council may submit proposals to the employer for implementation. (5) Unless there are compensatory arrangements for collective agreements, the employer has to pay the night worker to the employee for the duration of the night. (6) It is necessary to ensure that night-time workers have the same access to the company's operating costs. (6) Training and measures to promote promotion, such as the rest of the workforce. Unofficial table of contents

§ 7 Deviating regulations

(1) In a collective agreement or on the basis of a collective agreement in an operating or service agreement, it may be permitted to:

1.

by way of derogation from § 3

a)

to extend the working time of more than ten hours per day, when working hours regularly and to a considerable extent fall within the scope of working time or on-call time,

b)

to set a different compensatory period,

c)

(dropped)

2.

by way of derogation from the second sentence of Article 4, divide the total length of rest periods in shiftwork and transport operations on short breaks of an appropriate duration;

3.

by way of derogation from Article 5 (1), to reduce the rest period by up to two hours if the nature of the work so requires and if the reduction in the rest period is balanced within a compensatory period to be determined,

4.

by way of derogation from § 6 (2)

a)

to extend the working time beyond ten hours of work on a daily basis, when working hours regularly and to a considerable extent fall within the scope of the working time or on-call time,

b)

to set a different compensatory period,

5.

specify the beginning of the seven-hour night period of § 2 (3) between 22 and 24 o'clock.

(2) In so far as the health protection of workers is ensured by a corresponding period of time, a collective agreement or a collective agreement may also be authorised in an operating or service agreement;

1.

by way of derogation from § 5 (1), the periods of rest in the event of a call readiness to adapt to the special features of this service, in particular to compensate for reductions in the rest period as a result of the taking of claims during this service at other times,

2.

adapt the regulations of § § 3, 5 (1) and § 6 (2) in the agriculture of the order and harvest time as well as the weather influences,

3.

to adapt the provisions of § § 3, 4, 5 (1) and § 6 (2) in the treatment, care and care of persons of the nature of this activity and the well-being of these persons accordingly,

4.

the regulations of § § 3, 4, 5 (1) and § 6 (2) of administrations and enterprises of the federal government, the Länder, the municipalities and other bodies, institutions and foundations of public law as well as other employers who are bound by the collective bargaining agreement. of a collective agreement applicable to the public service or which is subject to a collective agreement which is essentially identical to that of the public service, to adapt the nature of the activity to those bodies.

(2a) By way of derogation from § § 3, 5 (1) and § 6 (2), in a collective agreement or on the basis of a collective agreement in an operating or service agreement, the working-day working time can also be granted without compensation for over eight hours. (3) In the event of a regular and substantial working time or on-call time in working hours, special arrangements ensure that workers ' health is not compromised. (3) The scope of a collective agreement referred to in paragraph 1, 2 or 2a may be subject to a derogation from a collective agreement. Regulations in the operation of a non-tariff employer by an operating or service agreement or, if an operating or staff council does not exist, by written agreement between the employer and the employee . If, due to such a collective agreement, different arrangements can be made in an operating or service agreement, it is also possible to make use of it in companies of a non-tariff-based employer. A derogation from a collective agreement concluded in accordance with paragraph 2 (4) shall apply between non-tariff employers and employees where the application of the collective agreements applicable to the public service between them shall apply. (4) The churches and the public-law religious companies may apply the provisions referred to in paragraphs 1, 2 or 2a of this article. (5) In an area where rules are regulated by: In the case of a collective agreement, derogations under paragraph 1, 2 or 2a may be granted by the supervisory authority if it is necessary for operational reasons and if the health of workers is not endangered. (6) The Federal Government may, with the consent of the Federal Council, allow exceptions within the scope of paragraph 1 or 2 with the consent of the Federal Council, provided this is necessary for operational reasons and the health of the workers is not endangered. (7) On the basis of a regulation referred to in paragraph 2a or paragraphs 3 to 5 respectively, in The working time may be extended only if the worker has given his written consent to the provisions of paragraph 2a. The employee may withdraw the consent in writing with a period of six months. The employer must not discriminate against a worker because he or she has not given his consent to the extension of working time or has withdrawn his consent. (8) If the rules referred to in paragraph 1 (1) and (4), (2), (2) to (4), or such rules shall not exceed 48 hours per week on an average of 12 calendar months, on the basis of paragraphs 3 and 4. If the authorisation is granted on the basis of paragraph 5, the working time may not exceed 48 hours per week on an average of six calendar months or 24 weeks. (9) If the working day is extended beyond twelve hours, it shall be direct connection to the termination of working time, a rest period of at least eleven hours. Unofficial table of contents

§ 8 Dangerous work

The Federal Government may, by means of a regulation with the consent of the Federal Council, apply to individual areas of employment, to certain works or to certain categories of workers in which particular risks to the health of workers are to be found. , are expected to limit working time beyond § 3, extend the rest periods and rest periods beyond § § 4 and 5, extend the regulations for the protection of night and shift workers in § 6 and the possibilities of deviation in accordance with § 7 shall be limited to the extent necessary to protect the health of workers. The provisions of the first sentence shall not apply to employment areas and to works in establishments subject to the supervision of the mountain.

Third Section
Sonn and holiday rest

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§ 9 Sundays and holiday rest

(1) Workers must not be employed on Sundays and public holidays from 0 to 24 o'clock. (2) In multi-tier establishments with a regular day and night shift, the start or end of the Sunday and holiday rest can be carried out by up to six hours. or are relocated if the 24 hours of operation following the start of the rest period are at rest. (3) For drivers and co-drivers, the start of the 24-hour sunday and holiday rest can be advanced by up to two hours. Unofficial table of contents

§ 10 Sundays and holiday employment

(1) If the works cannot be carried out on working days, employees may be employed on Sundays and public holidays by way of derogation from § 9

1.

in emergency and emergency services, as well as in the fire brigade,

2.

for the maintenance of public security and order, as well as the functioning of courts and authorities and for the purposes of defence,

3.

in hospitals and other facilities for the treatment, care and care of persons,

4.

in restaurants and other facilities for catering and accommodation, as well as in the household,

5.

for music performances, theatrical performances, film screenings, shows, performances and other similar events,

6.

in the case of non-commercial activities and events of churches, religious societies, associations, clubs, parties and other similar associations,

7.

in sports and leisure, recreation and entertainment facilities, in tourism and in museums and scientific reference libraries,

8.

in the case of radio, the daily and sports press, news agencies and the activities of other press products, including the discharge, of the day-to-day actuality, in the production of the set, films and forms of printing for daily news and pictures, in the case of daily recordings on sound and image carriers as well as in the transport and order picking of press products, the first day of which is on the Monday or the day after a holiday,

9.

in the case of trade fairs, exhibitions and markets within the meaning of Title IV of the Industrial Code and in the case of public festivals,

10.

in the case of transport operations and the transport and order picking of careless goods within the meaning of section 30 (3) (2) of the Road Traffic Code,

11.

in the energy and water supply companies, as well as in waste and wastewater disposal operations,

12.

in agriculture and livestock farming, as well as in the treatment and care facilities of animals,

13.

in the guarding sector and in the monitoring of plant and equipment,

14.

in the case of the cleaning and maintenance of equipment, in so far as it is the result of the regular progress of the company's own or of a foreign holding, in the preparation of the resumption of the full day-to-day operation and in the case of maintenance of the functionality of data networks and computer systems,

15.

for the prevention of the perversion of natural products or raw materials or the failure of work products, as well as for continuous research to be carried out,

16.

to avoid destruction or substantial damage to the production facilities.

(2) By way of derogation from § 9, employees may be employed on Sundays and public holidays with the production works if the work admissible as a result of the interruption of the production referred to in paragraph 1 (14) is the use of more workers than in the case of (3) By way of derogation from § 9, employees may, on Sundays and public holidays in bakeries and pastry shops, for up to three hours with the production and discharge of confectionery goods and on that day on the (4) If the works do not work on working days , by way of derogation from Article 9 (1), employees may be employed in the holidays falling on a working day for the purpose of carrying out the payment and wholesale payment transactions and the money, foreign exchange, securities and derivatives trading activities, which are not public holidays in all the Member States of the European Union. Unofficial table of contents

§ 11 Compensation for Sundays and holiday employment

(1) At least 15 Sundays per year must remain free of employment. (2) For employment on Sundays and public holidays, § § 3 to 8 apply mutagenic. However, the working hours on Sundays and public holidays may be subject to the provisions of § § 3, 6 para. 2, § § 7 and 21a (3) If employees are employed on a Sunday, they must have a replacement day, which shall be the same as the date of employment of a period of employment of: is to be granted two weeks. If employees are employed on a holiday which falls on a working day, they must have a replacement day, which is to be granted within a period of eight weeks including the date of employment. (4) The rest of the day of the holiday of the § 9 or the replacement date referred to in paragraph 3 shall be granted to employees directly in connection with a rest period in accordance with § 5, in so far as the technical or work organizational reasons do not conflict with the reason. Unofficial table of contents

§ 12 Deviating regulations

In a collective agreement or under a collective agreement in an operating or service agreement, it may be permitted to:

1.

by way of derogation from Article 11 (1), the number of Sundays in the establishments referred to in Article 10 (1) (2), (3), (4) and (10) on at least 10 Sundays, on radio, in theatre companies, orchestras and at least eight Reduce Sundays, in film theatres and in animal husbandry to at least six Sundays a year,

2.

by way of derogation from Article 11 (3), to agree to the abolition of replacement rest days for holidays falling on working days, or to place employees in an employment-free manner within a compensatory period to be determined,

3.

by way of derogation from Article 11 (1) to (3) in the maritime transport sector, give the free days available to the workers in accordance with those provisions,

4.

by way of derogation from section 11 (2), extend the working time in full-time shiftwork on Sundays and public holidays to up to twelve hours, provided that additional free shifts are achieved on Sundays and public holidays.

Section 7 (3) to (6) shall apply. Unofficial table of contents

§ 13 Authorisation, Arrangement, Authorisation

(1) The Federal Government may, by means of a regulation with the consent of the Federal Council, to avoid significant damage, taking into account the protection of workers and the rest of the holidays and public holidays

1.

determine the areas with special and holiday employment in accordance with § 10 as well as the work approved there,

2.

beyond the exceptions pursuant to § 10 other exceptions deviating from § 9

a)

for establishments where the employment of workers on Sundays or public holidays is required to meet the daily needs of the population, or the needs of those days which are particularly prominent on those days,

b)

for establishments in which work occurs, their interruption or postponing

aa)

according to the state of the art of its kind, is not possible or is possible only with considerable difficulties,

bb)

have particular risks to the life or health of workers,

cc)

would lead to significant environmental or energy or water supply pressures,

c)

on the grounds of the common good, and in particular in order to secure employment,

and determine the conditions necessary for the protection of workers and the rest of the rest and holiday.

(2) In so far as the Federal Government has not made use of the authorization provided for in paragraph 1 (2) (a), the national governments may adopt appropriate provisions by means of a legislative decree. The national governments can transfer this authorisation to the supreme state authorities by means of a legal regulation. (3) The Supervisory Authority may:

1.

determine whether an employment pursuant to § 10 is permitted,

2.

by way of derogation from § 9, to employ workers

a)

in the retail trade, up to ten Sundays and public holidays in the year in which special circumstances require extended business transactions,

b)

on up to five Sundays and public holidays in the year, where special circumstances so require, in order to prevent disproportionate damage,

c)

on a Sunday in the year to carry out a statutory inventory,

(4) By way of derogation from § 9, the Supervisory Authority shall authorise employees to employ work on Sundays and public holidays. for chemical, biological, technical or physical reasons, which require continuous progress on Sundays and public holidays. (5) By way of derogation from § 9, the supervisory authority has the employment of employees on Sundays and public holidays. To grant a solemn application if the law is to be used to a large extent by law In the case of longer operating periods abroad, the ability to compete is unacceptably impaired and employment can be secured by the approval of Sundays and public holiday work.

Fourth Section
Exceptions in special cases

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§ 14 Extraordinary cases

(1) From § § 3 to 5, 6 para. 2, § § 7, 9 to 11 may be deviated in case of temporary work in emergencies and in exceptional cases, which occur independently of the will of the persons concerned and whose consequences cannot be eliminated in any other way. (2) § § § 3 to 5, 6 para. 2, § § 7, 11 para. 1 to 3 and § 12 may also be dismissed,

1.

where a relatively small number of workers are temporarily employed in work whose non-execution would jeopardise the outcome of the work or cause disproportionate damage,

2.

in the case of research and teaching, in the case of inexorable preliminary and final work as well as in the case of unstoppable work for the treatment, care and care of persons or for the treatment and care of animals on individual days,

(3) If the powers referred to in paragraph 1 or 2 are used, the working time may not be 48 hours per week on average for six calendar months or 24 weeks . Unofficial table of contents

§ 15 Authorisation, authorisation

(1) The Supervisory Authority may:

1.

approve a longer period of daily working time, deviating from § § 3, 6 para. 2 and § 11 paragraph 2

a)

for continuous shiftwork to achieve additional free shifts,

b)

for construction and assembly sites,

2.

If the extension of the working time over eight hours is carried out on a daily basis by means of an eight-hour working day, a longer daily working time for seasonal and campaign companies for the season or campaign, deviating from § § 3, 6 (2) and § 11 (2), will be willing to grant a the corresponding reduction in working time at other times,

3.

a period of duration and situation of the rest period, which differs from the provisions of Sections 5 and 11 (2), in the event of readiness for work, on-call duty and on-call readiness to call for the special features of such take-up in the public service;

4.

approve a period of rest, deviating from § § 5 and 11 (2), for the purpose of carrying out a regular weekly shift in shifts twice within a period of three weeks.

(2) The Supervisory Authority may, in addition to the exceptions provided for in this Act, allow further exceptions, insofar as they are urgently needed in the public interest. (2a) The Federal Government may, by means of a legal regulation, with the consent of the Federal Council

1.

Exceptions to § § 3, 4, 5 and 6 (2) and to § § 9 and 11 for employees carrying out special activities for the construction, modification or operation of works, artificial islands or other installations at sea (offshore activities) , and

2.

determine the conditions necessary for the protection of the workers referred to in paragraph 1, as well as of the rest and holiday rest.

(3) The Federal Ministry of Defence may, with the consent of the Federal Ministry of Labour and Social Affairs, undertake in its business division by means of legal regulation for compelling reasons of defence to employees who are subject to the law in this Act (3a) The Federal Ministry of Defence may, in its division, carry out work in addition to the working time limits and restrictions laid down by collective agreements. (3a) Legal regulation in agreement with the Federal Ministry of Labour and Social Affairs Derogations from the limits and limits of working time laid down in this Act and in the legal regulations adopted pursuant to this Act shall, in respect of special activities of workers in the armed forces, permit limitations and restrictions on working time, to the extent that: (4) Where exceptions to paragraph 1 or 2 are permitted, the working time may be 48 hours. on average weekly on average of six calendar months or 24 weeks.

Fifth Section
Implementation of the law

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Section 16 Hangouts and proof of working time

(1) The employer is obliged to submit a copy of this law, the legal regulations issued pursuant to this Act, the legal regulations applicable to the establishment and the collective agreements and operating or service agreements in force for the operation § 7 (1) to (3), § § 12 and 21a (6) shall be issued or suspended at a suitable point in the establishment for inspection. (2) The employer shall be obliged to work the working time of the employees in excess of the working hours of the working hours of § 3 sentence 1 record and maintain a list of workers who have been placed in an extension of the Working time in accordance with § 7 (7). Proof of proof shall be kept for at least two years. Unofficial table of contents

Section 17 Supervisory Authority

(1) Compliance with this law and the legal regulations issued pursuant to this Act shall be supervised by the competent authorities of the country (supervisory authorities). (2) The supervisory authority may order the necessary measures to: the employer must comply with the obligations arising from this law and the legal regulations issued pursuant to this Act. (3) For the public service of the Federal Government and for the federal bodies, Institutions and foundations of public law shall perform the tasks and Powers of the supervisory authority shall be exercised by the competent Federal Ministry or by the bodies designated by it; the same shall apply to the powers granted pursuant to Article 15 (1) and (2). (4) The supervisory authority may, from the employer, the authority responsible for the implementation of this Law and the legal regulations enacted pursuant to this Act require the necessary information. It may also require the employer to submit the proof of working time and collective agreements or operating or service agreements within the meaning of Section 7 (1) to (3), § § 12 and 21a (6) or to submit them for inspection. (5) The commissioners of the The supervisory authority shall be entitled to enter and visit the workplaces during the working and working time; outside that time or if the workplaces are located in an apartment, they may only be used without the holder's consent. on the prevention of urgent threats to public security and order, and are visited. The employer shall allow the person to enter and visit the workplaces. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. (6) The information provided for the information may refuse to answer any such questions, the answers of which shall be answered by him or by one of the questions referred to in § 383 (1). 1 to 3 of the Code of Civil Procedure would expose persons to the risk of criminal prosecution or proceedings under the Law on Administrative Offences.

Sixth Section
Special arrangements

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§ 18 Non-application of the law

(1) This Act shall not apply to:

1.

conducting employees within the meaning of Section 5 (3) of the Works Constitution Act as well as Chief Physicians,

2.

Heads of public services and their representatives, as well as employees in the civil service, who are authorised to take independent decisions in matters of personnel matters,

3.

workers who, in the domestic community, live together with the persons entrusted to them and educate, nurture or supervise them,

4.

the liturgical section of the churches and religious communities.

(2) In the case of the employment of persons under the age of 18 years, the Youth Labour Protection Act applies instead of this Act. (3) For the employment of workers as crew members on caterers within the meaning of Section 3 of the Maritime Labour Code, instead of this law, the Maritime Labour Act. (4) (omitted) Unofficial table of contents

Section 19 Employment in the Civil Service

In the case of public service tasks, where there is no collective agreement, the competent authority may transfer the rules on working time to employees applicable to civil servants § § 3 to 13 shall not apply in this respect. Unofficial table of contents

Section 20 Employment in aviation

In the case of the employment of workers as crew members of aircraft, the rules on flight, flight and rest periods of the Second Implementing Regulation shall apply instead of the provisions of this Act on working hours and rest periods on the operating rules applicable to aeronautical equipment in the version in force. Unofficial table of contents

Section 21 Employment in inland waterway transport

The provisions of this law shall apply to the employment of mobile workers in inland waterways, in so far as the provisions relating to rest periods of the inland waterway search order in the version in force do not preclude them from being held. They may be adapted by collective agreement of the specific nature of inland waterway transport. Unofficial table of contents

Section 21a Employment in road transport

(1) For the employment of workers as drivers or co-drivers in road transport activities within the meaning of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation in the field of road transport, Road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 136, 31.5.1998, p. EC No 1) or the European Convention on the Work of Driving Personals employed in International Road Transport (AETR) of 1 July 1970 (BGBl. II 1974 p. 1473) in their respective versions, the provisions of this Act shall apply, unless the following paragraphs contain deviating regulations. The provisions of Regulation (EC) No 561/2006 and the AETR shall remain unaffected. (2) A week in the sense of these provisions is the period from Monday 0 to Sunday 24 h. (3) By way of derogation from § 2 (1), no working time is:

1.

the period during which a worker has to be in the workplace to take up his or her job,

2.

the time during which a worker has to remain in order to be able to carry out his duties on instruction without having to stay in his/her workplace;

3.

for workers who alternate when driving, the time spent during the journey next to the driver or in a sleeping cabin.

For the periods referred to in the first and second sentences of the first sentence, this shall apply only if the period of time and its probable duration is known in advance, at the latest immediately before the beginning of the period concerned. The periods referred to in the first sentence shall not be rest periods. The periods referred to in the first and second sentences are not rest periods. (4) Working time shall not exceed 48 hours per week. It can be extended to up to 60 hours if, within four calendar months or 16 weeks, an average of 48 hours per week is not exceeded. (5) The rest periods are determined according to the rules of the European Union. Communities for drivers and co-drivers as well as for AETR. This also applies to apprentices and trainees. (6) In a collective agreement or on the basis of a collective agreement in an operating or service agreement, it can be admitted,

1.

for more detailed information on the conditions laid down in the first sentence of the first paragraph of paragraph 3 and the second sentence of paragraph 3,

2.

by way of derogation from paragraph 4 and sections 3 and 6 (2), the working time shall be determined where there are grounds for objective, technical or working time reasons. The working time may not exceed 48 hours per week on an average of six calendar months.

Section 7 (1) (2) and (2a) shall not apply. Section 7 (3) shall apply. (7) The employer shall be obliged to record the working time of the employees. Records shall be kept for at least two years. The employer shall, on request, hand out a copy of the records of his working time to the employee. (8) In order to calculate the working time, the employer shall write to the employee in writing to give him a list of the working time of the worker. To submit work hours to employers. The employee shall submit this information in writing.

Seventh Section
Criminal and penal rules

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Section 22 Penbual provisions

(1) Contrary to the law, who intentionally or negligently acts as an employer

1.

Contrary to § § 3, 6 (2) or § 21a (4), in conjunction with Section 11 (2), a worker is also employed beyond the limits of working time,

2.

contrary to § 4 of the periods of rest, not granted, not with the prescribed minimum period or not in time,

3.

contrary to Article 5 (1), the minimum rest period is not granted or, contrary to Article 5 (2), the reduction of the rest period is not, or is not equal in time, due to the extension of another rest period,

4.

a legal regulation in accordance with § 8 sentence 1, § 13 (1) or (2), § 15 (2a) (2) or (24), insofar as it refers to this fine for a certain amount of facts,

5.

, contrary to Section 9 (1), a worker is employed on Sundays or public holidays,

6.

, contrary to § 11 para. 1, an employee is employed on all Sundays or, contrary to § 11 para. 3, does not grant a daily revocation of rest or not in good time,

7.

an enforceable order pursuant to section 13 (3) no. 2),

8.

Contrary to Section 16 (1), the information referred to in this paragraph or the above-mentioned exposition is not carried out,

9.

, contrary to § 16 (2) or § 21a (7), records are not or are not compiled correctly or are not retained for the prescribed period, or

10.

Contrary to Section 17 (4), no information is provided, is not provided in full or in full, does not submit documents or does not submit them in full or does not send them in full or in breach of § 17 para. 5 sentence 2.

In the cases referred to in paragraph 1 (1) to (7), (9) and (10), the administrative offence may be punishable by a fine of up to fifteen thousand euros, in the cases referred to in paragraph 1 (8), with a fine of up to two thousand five hundred euros. Unofficial table of contents

Section 23 Criminal law

(1) Anyone who has one of the acts referred to in § 22 (1) No. 1 to 3, 5 to 7

1.

, and thereby endangers the health or the worker's work force, or

2.

Insistently,

shall be punishable by a custodial sentence of up to one year or a fine. (2) Whoever in the cases referred to in paragraph 1 (1) causes the risk of negligence shall be punished with imprisonment of up to six months or with a fine of up to 180 daily rates.

Eighth section
Final provisions

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Section 24 Implementation of intergovernmental agreements and acts of the EC

The Federal Government may, with the consent of the Federal Council, to fulfil obligations arising from intergovernmental agreements or to implement acts of the Council or the Commission of the European Communities, the substantive areas of this Law on the law, enact legal orders under this law. Unofficial table of contents

Section 25 Transitional arrangements for collective agreements

If a collective agreement, which exists on 1 January 2004, contains deviating provisions in accordance with § 7 (1) or (2) or § 12 sentence 1, which exceed the maximum limits laid down in these regulations, these collective agreements shall remain in force. Provisions shall be without prejudice to 31 December 2006. Collective agreements pursuant to the first sentence shall be the same as operating agreements approved by collective agreements, as well as regulations in accordance with § 7 (4). Unofficial table of contents

Section 26

(dropped)