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

17.07.2026 | KPMG Law Insights

New Packaging Implementation Act tightens obligations for companies

  Co-author: Séverine Sieprath, Director of Audit, KPMG AG Wirtschaftsprüfungsgesellschaft   The Packaging Implementation Act (VerpackDG),…

17.07.2026 | KPMG Law Insights

Action Plan Against Tax Crime: Voluntary Disclosure Allowing for Immunity from Prosecution to Be Abolished

Tax and financial crime will be prosecuted more rigorously in Germany going forward. On July 16, 2026, Federal Minister of Finance Lars Klingbeil and Federal…

15.07.2026 | In the media

KPMG Law Guest Post on the DVNW Procurement Blog: Section 97a of the German Act Against Restraints of Competition (GWB): Slight Relief for Lump-Sum Contracts

On July 1, 2026, the Act on Accelerating the Award of Public Contracts—the Public Procurement Acceleration Act, for short—entered into force. A key change is…

15.07.2026 | In the media

KPMG Law Statement on “tagesschau”: Recycled Building Materials Rarely Used Despite Shortages

Gravel, sand, and crushed stone are becoming scarce and more expensive. Recycled construction materials could help. But despite advanced technology, there are major hurdles, especially…

15.07.2026 | In the media

KPMG Law Statement in *Private Banking* Magazine: How the ECB Plans to Launch the Digital Euro

The banking industry is awaiting the ECB’s decision on which institutions will be selected for the digital euro pilot project. From Germany, Deutsche Bank, Helaba,…

09.07.2026 | In the media

Op-Ed in *Versicherungsmagazin*: D&O Insurance—A Legal Safety Net in Turbulent Times

Liability risks for executives are increasing significantly: New regulatory requirements such as NIS-2, CSRD, and the Supply Chain Act are expanding the responsibilities of managing

02.07.2026 | KPMG Law Insights

Registered mail with return receipt no longer provides proof of delivery—here are some alternatives

Registered mail with return receipt, when used as part of electronic documentation, no longer constitutes prima facie evidence of a…

02.07.2026 | Deal Notifications

KPMG Law advises the Prinzhorn Group on the acquisition of Stora Enso’s German facilities

KPMG Law has advised Mosburger GmbH, a subsidiary of Dunapack Packaging and part of the Austrian Prinzhorn Group, on the acquisition of Stora Enso’s German…

02.07.2026 | In the media

KPMG Law Interview in Focus Business: EmpCo Is Coming: Sustainability Marketing Becomes a Top Priority

Stricter EU rules set clearer boundaries for climate pledges and social claims. KPMG Law expert Manuela Meyer explains which claims must be verified and how…

29.06.2026 | KPMG Law Insights

Embedding Digital Sovereignty in the Enterprise – Legal Requirements for IT Systems

Digital sovereignty is an important strategic success factor, and many measures are also required by law. Through legislation such as the Data Act, NIS-2, the…

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