The number of days reaching at least 30°C in Germany has doubled, and a survey by the Barmer health insurance fund reveals that more than half the population in eastern Germany is worried about the rise of heatwaves. That anxiety now has a clear legal framework: employers are required to take graduated protective steps as soon as indoor temperatures hit 26°C, with mandatory action required at 30°C.
Medical experts at the University Medical Center Mainz are sounding alarms about cardiovascular patients and elderly workers. Heat can worsen chronic conditions and trigger electrolyte imbalances, they warn, recommending daily fluid intake of up to two litres of lukewarm drinks. If symptoms such as vomiting or confusion appear, they urge immediate
The Three-Step Duty Model
Germany has no general right to “hitzefrei” (heat-free time off) in offices. The legal basis rests on the Occupational Safety and Health Act and the Workplace Ordinance, fleshed out by the Technical Rules for Workplaces (ASR A3.5). Employers face an escalating ladder of obligations:
- At 26°C room temperature: companies should evaluate initial steps such as providing drinks, using blinds or introducing flexible working hours.
- At 30°C: the employer is legally compelled to implement effective measures, with technical solutions taking priority over organisational ones.
- At 35°C: the space is considered unsuitable unless specific protections such as air showers or cooling breaks are in place. Alternatives like home office or paid leave must be offered.
Vulnerable Groups and Codetermination
Pregnant employees, older workers and people with pre-existing conditions receive extra protection. Works councils hold a statutory codetermination right regarding the design of heat-protection measures.
Home Office Rights Upheld
The Düsseldorf Labour Court has ruled that employers cannot unilaterally scrap existing home-office agreements without a substantive justification. Ordering a return to the office must demonstrably solve operational problems, a standard the court said is hard to meet for pure IT roles.
Dress Codes Loosen
While protective clothing remains mandatory in safety-critical jobs, other sectors are relaxing rules. Deutsche Post, for example, allows its roughly 111,400 delivery staff to wear bermudas in hot weather and recommends using sunscreen.
Political Crossfire Over Working Hours
The Federal Ministry of Labour and Social Affairs plans to allow departures from the eight-hour workday only through collective bargaining in future. It also intends to introduce mandatory electronic time tracking. Business associations are pushing back, demanding that employers and employees be able to agree directly.
Union Calls for Statutory Heat Protection
In Austria, the BAU-HOLZ trade union is campaigning for a legal right to “heat-free” time. In Germany, the GEW teachers’ union in North Rhine-Westphalia wants binding rules for all school levels. In Saxony and Thuringia, a backlog of renovation work in educational facilities is hampering heat protection efforts.
The long-term trend is unmistakable: heatwaves are becoming more frequent and intense. Employers who ignore the 30°C threshold face not only regulatory risk but also the growing anxiety of their workforce.
