Sometimes there are curious cases in employment law. Most of us, when we drive to work, get up in the morning, get dressed, maybe have breakfast and then leave the house. At best, they have showered. You might ask yourself whether showering is part of working time. Or if this time could only be counted as unpaid preparation time for work.
The answer is - it depends:
Showering is part of working time if employees get so dirty or smelly at work due to the specific nature of their particular job that it is unreasonable for them or others around them to return from work without showering/washing. For example, if they travel by public transport and this is unreasonable for others. This was decided by the Federal Labor Court (link: https://www.bundesarbeitsgericht.de/entscheidung/5-azr-212-23/) in April 2024 (BBAG, judgment of 23.04.2024, Ref. 5 AZR 212/23).) when it came to the question of whether remuneration is to be paid for changing, commuting and body cleaning times.
The answer was: If showering / washing is necessary for reasons of occupational health and safety or if the work leads to considerable soiling of the body, so that changing into private clothing after work without first showering / washing is unreasonable, the shower time counts as working time. The appropriate duration (in this case the discussion was about a period of 20 -55 minutes) is again debatable. It is probably safest to explicitly regulate this point in the employment contract.
If we return to the opening question of this article, it follows from what has been said that showering for a regular activity, such as working in the office, is not working time, but is part of normal personal hygiene.
I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.
photo / source: own