In this scenario, who is eligible for the "unsuccessful claim benefit"?
No Compulsory Heat Leave Law in Germany for Extreme Heat
In Germany, employers are not legally obligated to provide paid heat leave to employees during extreme temperatures. However, the Technical Rules for Workplaces recommend that indoor temperatures should not exceed 26°C, and if they do, employers are advised to take measures to protect workers from heat stress.
The duty of care for a safe working environment includes managing heat as a workplace hazard. This often involves conducting heat stress risk assessments, providing ventilation, access to water, and modifying work practices during hot weather. But this duty is regulated through guidelines and occupational health and safety rules rather than a specific law mandating heat leave or paid breaks exclusively for heat.
Employers in Germany can apply for compensation pay for cancelled work due to extreme heat, storms, or heavy rain from April to November, with a minimum of one hour cancellation per working day. In the roofing trade, for example, work can be cancelled due to high temperatures, and employees still receive their regular wages as part of the "compensation pay" according to the Social Health Insurance Fund for Roofers (Soka-Dach).
Unions and worker groups across Europe, including in Germany, are pushing for tougher protections due to increasing heatwaves. However, mandatory heat leave policies have not yet been enacted at the national level in Germany.
As record-breaking temperatures are expected in some parts of Germany this week, working in temperatures above 35 degrees towards the end of the week could become uncomfortable. It's important for employers to follow the guidelines for managing heat as a workplace hazard, and for employees to take necessary precautions to protect themselves from extreme temperatures.
There are tricks to protect the body from extreme temperatures, but they have their limits. Employers are generally not obliged to grant employees time off on hot days, but adjusting work hours or practices may be necessary to ensure a safe working environment. The Federal Ministry of Labour and Social Affairs has guidelines that employers must follow for employees working from home.
In some industries, heat leave is not uncommon, but it is not a legal requirement in Germany. The ongoing discussions and union demands for enhanced heat protections may influence future regulations, but these have not yet resulted in legal mandates.
- Despite the rising number of heatwaves, Germany does not have a law mandating compulsory heat leave for employees.
- In the face of record-breaking temperatures, it is essential for employers to implement environmental-science strategies, like adjusting work hours, providing ventilation, and conducting climate-change risk assessments, to ensure a safe working environment for their employees.
