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

05.11.2026 | KPMG Law Insights

Security Clearance Checks Under the SÜG—Practical Implementation and Common Mistakes

Before employees are granted access to sensitive information or perform security-sensitive tasks as part of an assignment, their reliability must be verified through a special…

04.11.2026 | KPMG Law Insights

EUDR: These obligations apply throughout the supply chain – as of 2026

After being postponed twice, the EU Deforestation Regulation (EUDR) is expected to take effect on December 30, 2026. Companies that handle certain products derived…

04.11.2026 | In the media

JUVE: Risks Associated with the Use of AI at the Highest Levels

AI can assist executive boards, supervisory boards, and managing directors in making decisions. However, unverified results can create liability risks. Fraport General Counsel Thomas Stoll…

30.10.2026 | In the media

New Podcast in the Packaging Journal: PWR in Practice—Who Is Liable, Who Pays, and What Are the Current Rules?

The core obligations of the PPWR have been in effect since August 12, 2026. In the Packaging People podcast, Dr. Simon Meyer of KPMG Law…

29.10.2026 | In the media

KPMG and KPMG Law Article in *Betriebs-Berater*: Pitfalls in Customs Law

In light of geopolitical changes, new trade barriers, and more rigorous audits, customs and foreign trade law are increasingly becoming a focus for companies. The…

27.10.2026 | In the media

Op-Ed in Versicherungsmonitor: The Environment Is Finally Becoming a Compliance Risk

With the implementation of the new EU Environmental Criminal Law Directive, the environment is becoming a core area of managerial liability. Managers face reputational damage,…

27.10.2026 | KPMG Law Insights

Federal Court of Justice on the Summary Report: Tax-Exempt but Still a Criminal Offense

Can someone be punished for sales tax evasion even if the sales were subsequently deemed tax-exempt? Yes, says the Federal Court of Justice (BGH) in…

23.10.2026 | KPMG Law Insights

PHP2Shell may trigger legal obligations for companies

Two critical vulnerabilities in the PHP programming language are threatening web applications and digital products worldwide. The Federal Office for Information Security (BSI) has warned…

20.10.2026 | In the media

KPMG Law Guest Column in it daily: The Business Judgment Rule and the Use of AI

The rapid advancement of artificial intelligence presents corporate leadership with diverse and far-reaching decisions. These decisions concern not only the selection and deployment of appropriate…

19.10.2026 | In the media

New articles have been published in PERSONALFÜHRUNG

The current issue of PERSONALFÜHRUNG (10–11/2026) features two articles by female experts from KPMG and KPMG Law. In the article “Will AI Save the Day?…

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