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EXPLAINED: Germany's rules for working during heatwaves

With high temperatures well above 30C in much of Germany this week, you might be wondering how hot is too hot to go to work or even to work from home? Here’s what workers should know.

EXPLAINED: Germany's rules for working during heatwaves

Temperatures are soaring in Germany this week as much of central and western Europe are experiencing the next major heatwave of the summer

In much of the country daily high temperatures are set to hover in the mid 30s for much of the coming week, and especially in the west and southwest regions, there is a possibility of seeing the mercury get close to 40C.

In Germany, many buildings, including offices, lack air conditioning. So when the temperatures rise outside, they also rise inside. Working in high temperatures can take a toll on workers’ bodies and hinder their ability to do their jobs. 

When temperatures reach certain levels, employers in Germany have a legal obligation to take action to ensure the safety of their employees. That will likely be the case this week.

Climate change is making extreme heat a new norm across Europe and around the world, leaving employees and employers sweating over how to work in high temperatures.

'Hitzefrei' gives workers time off for the heat

When the heat gets unbearable, workplaces can give their employees a Hitzefrei, or a day off because of the heat. With this time, employees can cool off at a lake or swimming pool instead of sweltering all day in the office. 

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Schools can also call for a Hitzefrei when it gets too hot to teach lessons.

However, it’s largely up to the employer or school to make the decision. There is no legal right to time off from the heat. 

Hitzefrei has been a subject of political debate in Germany, with the Left Party calling for broader protections for workers when temperatures rise. Last summer the Left Party proposed that working hours should be cut by a quarter when temperatures are above 26C and cut in half when temperatures are above 30C.

"I don't think anyone can work concentrated and effectively in an office at 30 degrees Celsius or more,” Jan van Aken, then co-leader of the Left Party, previously told RND.

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Employers must take steps when the heat rises

Even if your boss doesn’t declare a Hitzefrei, German labour regulations lay out rules for working in the heat that employers must adhere to. In workplaces of all kinds – including office buildings, warehouses and shops – employers must take steps to mitigate the effects of the heat when temperatures rise.

As a baseline, if the outside temperature does not exceed 26C, then the room temperature shouldn’t either.

If the outside temperature does get above 26C, then so can the room temperature. But employers are then expected to take protective measures. These measures can include making use of sunshades, fans or ventilation systems, relaxing dress codes, providing drinking water or adjusting working hours.

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Under German labour regulations, a room above 35C is no longer a suitable workplace. However if work must go on under these conditions, employers should provide special protections like heat-protective clothing, air showers, cooling breaks and alternative workspaces.

Technical regulations for workplaces stipulate: "If the air temperature in the room exceeds +35C, the room is not suitable as a work area without technical measures (eg industrial air showers, water sprays), organisational measures (eg time allowed for people to cool down) or personal protective equipment (eg heat-protective clothing), as is the case when working in hot environments."

In other words: bosses must design their workplaces in such a way that health hazards are avoided. Air conditioning systems, fans and blinds can make rooms more climate-friendly.

Alternatively, the employer can provide a cooler place to work. People who work outdoors should stay in the shade and drink enough water.

During the sweltering weather in June 2019, some German outdoor workers were advised to start much earlier in the day. For example in North-Rhine Westphalia, road workers who start at 6.45am could begin at 4.45am. It means they finished earlier and avoided the worst of the sun. 

What to do if you work from home

Heat protections for employees do not extend to those who work from home. Remote workers are expected to take steps to keep their home office at a safe temperature for work.

"The occupational health and safety regulations regarding room temperature do not apply in this case," labour law expert Meike Brecklinghaus told German business publication T3N. "This is because the employer does not have direct access to the employee's workplace and in this respect cannot take remedial action." 

Ways to keep an apartment cool include using fans, closing blinds or curtains and allowing for cross ventilation, especially during cooler times of day. You might consider working in the mornings or evenings, if your work schedule permits. 

You could also look for an air-conditioned public library or find a café that allows patrons to work on their laptops if you want to get out of the house.

If you’ve taken steps to keep your workspace cool, but the heat is still making work unbearable, you should communicate with your boss to discuss possible solutions. 

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