Summer temperatures exceeding 35 degrees are no longer a rarity in Germany. This raises a practical question for businesses, one that many underestimate: what obligations do they actually have towards their staff when the office turns into a sauna? There are persistent misconceptions surrounding this issue that mislead both employers and employees.
Misconception 1: Schools are closed when the temperature reaches a certain level
The most well-known myth is particularly persistent: once the temperature reaches a certain level, employees are simply allowed to stay at home. That is not true. German employment law does not recognise a statutory right to time off due to the heat. Anyone who stays away from work of their own accord because it is too hot risks receiving a formal warning. There is no automatic entitlement to time off work.
Misconception 2: Employers only need to take action in the event of extreme heat
Many companies wait until temperatures become almost unbearable. In fact, the workplace regulation ASR A3.5 comes into effect at 26 degrees Celsius. Once this threshold is reached, employers should assess which countermeasures are appropriate, such as sun protection, improved ventilation or rescheduling strenuous tasks to cooler times of the day. At 30 degrees, a recommendation becomes a requirement: specific measures such as fans, drinks or more flexible working hours are then expressly required.
Misconception 3: Work must not be carried out when the outdoor temperature exceeds 35 degrees
The often-cited 35-degree limit refers to the actual room temperature at the workplace, not the outside temperature. Only when the temperature in the room itself exceeds 35 degrees is the workplace deemed unsuitable without further protective measures. Employers must then take action, for example by providing alternative rooms, allowing regular breaks in cooler areas or installing technical protective devices.
Misconception 4: Anyone who finds the office too hot is entitled to work from home
Since the pandemic, working from home has seemed like the obvious solution when it’s hot. Legally, however, it’s not a foregone conclusion. There is no unilateral right to work from home unless this is stipulated in the employment contract or a works agreement. Furthermore, working from home does not automatically solve the temperature problem: the employee is generally responsible for the conditions at their home workplace. In principle, there is no entitlement to a fan paid for by the employer.
Misconception 5: The same rules apply to all employees
Heat affects people to varying degrees. Special protective measures apply to pregnant women, and employers must actively ensure these are in place. Those who work outdoors – on building sites, on rooftops or in horticulture – are exposed to additional stresses, for which specific protective measures are required. These may include sunshades, sufficient drinking water or extended breaks.
What this means in practice
The current health and safety regulations date largely from the 1970s and 1980s. Back then, heatwaves lasting several weeks were the exception in Germany. Today, they are becoming increasingly common. Employers who take early action, develop flexible solutions and establish clear procedures for hot days not only reduce risks under employment law but also protect the long-term health of their workforce. For specific questions regarding heat protection obligations, works agreements or potential disciplinary warnings, it is advisable to seek legal advice.
Source: Haufe: Human Resources
This article was created with the help of AI and has been editorially reviewed.
