Search
Contact
Symbolbild zu Duschen kann Arbeitszeit sein: Fabrikarbeiter
18.10.2024 | KPMG Law Insights

BAG: Showering can be working time

Can showering be working time? The Federal Labor Court had to decide on this question (BAG, judgment of April 23, 2024 – 5 AZR 212/23). The answer is: Body cleansing is part of working time if employees get so dirty during their work that they cannot otherwise be expected to put on their private clothes and walk home. Whether these conditions are met, however, depends on the individual case. In the case decided here, the plaintiff was employed as a container mechanic. His work included sanding down rusty and damaged areas and painting work. The employer did provide him with protective clothing. Nevertheless, the employee often got so dirty at work that he first washed or showered in the changing rooms provided by the employer before putting on his private clothes and going home. These times were not remunerated by the employer.

Showering can count as working time, as can changing and travel times within the company

The time required to put on and take off work clothes and the associated travel time between the changing room and the workplace has already been classified as working time in previous case law. This applies in particular if the work clothing is prescribed by the employer and is only to be worn in the company. The BAG is now following these principles. According to this, body cleaning times can also constitute working time subject to remuneration if they are directly related to the actual activity or the manner in which it is performed and therefore serve exclusively to satisfy an external need. This is undoubtedly the case if the employer expressly orders personal cleaning or if mandatory occupational health and safety regulations require it. However, time spent cleaning the body is also part of the working time subject to remuneration if the employee becomes so dirty during the performance of their work that they cannot reasonably be expected to put on their private clothing, leave the company and go home without first cleaning their body. This applies regardless of whether the employee uses local public transport or their own car. However, the court emphasized that the soiling must go beyond “normal soiling”. Sweat and body odor generated during the day were not sufficient in the opinion of the BAG.

Employers can make company regulations for personal cleaning times

The BAG decision initially confirms the previous case law on changing and travel times. Whether personal cleaning times can also be paid working time had not yet been decided by the highest court. The BAG has now provided clarity here. However, whether and for which activities the obligation to pay remuneration actually applies in individual cases depends on the specific circumstances. One thing is certain: The soiling must be severe and go beyond the usual soiling, sweat and body odor of the day. It should also be clear that only the minimum time required to clean the body can be counted as working time. Employees will still have to carry out special cleaning or personal hygiene rituals in their free time. Employers should keep an eye on the further development of this case law and, depending on the industry, make their own contractual or collective regulations as to when cleaning times count as working time and how they are remunerated. According to the current decision of the Federal Labor Court, it is still possible to provide for lower remuneration for changing, commuting and personal cleaning times than for the original work activity or to define appropriate flat rates. Appropriate consideration should also be given in duty rosters and shift schedules.

 

Explore #more

02.04.2026 | KPMG Law Insights

Building Modernization Act (GMG): What is now important for companies

The planned Building Modernization Act (GMG) is set to replace significant parts of the previous Building Energy Act (GEG). Companies in the real estate industry,…

01.04.2026 | In the media

Manager Magazin: KPMG Law in first place for legal advice

Every two years, Manager Magazin, together with the Wissenschaftliche Gesellschaft für Management und Beratung (WGMB), awards Germany’s best auditors with a “Best-in-Class” seal and evaluates

27.03.2026 | KPMG Law Insights

Special Infrastructure Fund and State Aid Law: Orientation for Funding Practice and Planning

The special fund “Infrastructure and Climate Neutrality” (SVIK) also entails considerable responsibility under state aid law for federal states, municipalities and recipients of funds. Anyone

23.03.2026 | Deal Notifications

KPMG Law, KPMG Law AT as well as KPMG in Germany and KPMG in Austria advise GOLDBECK GmbH on the acquisition of 50 percent of the shares in ZAUNERGROUP Holding GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and Buchberger Ettmayer Rechtsanwälte GmbH (KPMG Law AT) as well as KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG in Germany) and KPMG…

19.03.2026 | KPMG Law Insights

Business Judgement Rule in the use of AI: how governing bodies are liable for decisions

If an AI provides the basis for business decisions, the people responsible are liable, not the machine. This makes the use of artificial intelligence risky…

16.03.2026 | KPMG Law Insights

KPIs in the legal department: How legal becomes strategically effective through control, transparency and data analysis

Today, legal departments are facing a strategic turning point: they must reliably hedge risks, but at the same time enable speed, control costs and make…

13.03.2026 | KPMG Law Insights

Commercial courts: when they are worthwhile for companies – and when they are not

Large commercial disputes are given courts specially tailored to their needs: the Commercial Courts. The German legislator introduced it with the Act to Strengthen the

10.03.2026 | Deal Notifications

KPMG Law advises on the sale of Krasemann Hausverwaltung to Buena

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to the KRASEMANN family on the sale of KRASEMANN Immobilien- & Gebäudeservice GmbH (KIGS) and KRASEMANN…

09.03.2026 | KPMG Law Insights

MiCAR and whitepaper obligations – what the transitional regulations mean

The Markets in Crypto-Assets Regulation (MiCAR) has been in force for just over a year. Among other things, MiCAR obliges issuers and providers of crypto…

09.03.2026 | In the media

Guest article in Private Banking Magazine: What tokenized banknotes mean in day-to-day treasury operations

The future of payment transactions will be shaped not by new currencies, but by new processing models. A practical report by Marc Pussar (KPMG Law),…

Contact

Dr. Martin Trayer

Partner

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: 49 69 951195565
mtrayer@kpmg-law.com

Nora Matthaei, LL.M. (Cape Town)

Senior Manager

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: +49 69 951195 922
nmatthaei@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll